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Fire-Breather Accident Sparks OSHA Investigation

2/5/2013

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The Chicago Tribune report on a fire-breathing actor who was injured during his routine provides a model lesson for employers on worker safety and potential administrative action for failing to adhere to OSHA regulations for employee safety.

Here, the employee was an actor who happened to very publicly injure himself when his face and throat caught on fire while attempting a fire breathing routine.

The media firestorm, however, quickly engulfed reality and blew the matter out of proportion.  It was so widely reported that an OSHA investigator reportedly showed up at the Civic Opera House to speak to officials and investigate their compliance with OSHA regulations.
An OSHA investigator arriving at your doorstep is not necessarily an unwelcome event, but any business owner should be aware of some key points regarding the OSHA investigation process.  First, OSHA investigators may be told that they have to wait to begin their investigation until after their attorney arrives.  This ensures that when the OSHA investigator does begin, your OSHA attorney, like Nair Law LLC, is there to document what the OSHA investigator documents and is familiar with the issues that the OSHA investigator is there to examine.

The OSHA investigator will, perhaps, want to interview employees.  You and your OSHA attorney have certain rights with regards to your employees.  Consult with an OSHA attorney to learn more.

Once the OSHA investigation is complete, the OSHA inspector will make certain recommendations and OSHA may issue administrative penalties for any violations that they believe occurred. These penalties range from minor to severe based on the particular violation or combination of violations.  For example, minor penalties generally result in civil fines of $1000 or more per violation whereas serious violations begin at $70,000.

OSHA even uses a catch-all standard, 29 USC 654, which states that an employer is under a general duty to keep a workplace safe.  OSHA uses this to tack on additional penalties when it sees fit.

Employers should be able to trust their OSHA attorney to be able to navigate the administrative process.  Nair Law LLC is experienced with OSHRC administrative appeals and has experience in fighting OSHA citations.  Even if you do not have an OSHA attorney to help from the beginning of the process, hiring Nair Law LLC to fight a citation could save tens of thousands in administrative penalties and headaches.
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    Rishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C.

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