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Even if an Injury Report Is Wrong, Expect an OSHA Inspection

March 29, 2019

 The best method to keep OSHA away is to make sure reports are accurate to begin with.

 

The Occupational Safety and Health Administration (OSHA) doesn’t often do mulligans. Even if an employer later discovers that it filed an injury report by mistake, they shouldn’t expect the agency to cancel a follow-up onsite inspection.

 

“It is our experience that once the horse is out of the barn—that an accident has occurred, regardless of severity—OSHA is unlikely to agree not to inspect the workplace,” say attorneys David Klass and Travis W. Vance of law firm Fisher Phillips “That is because, while the severity of the injury may affect how a citation is classified (serious, other-than-serious, etc.), whether a violation may exist is based on the fact of injury itself as well as what else the company has reported to OSHA regarding the cause of the injury.”

 

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