OSHA Citation Defense Representative Works

  • Mr. Goff defended a client when OSHA issued them a citation based upon an inspection at a Port Arthur refinery. The client is a large scale industrial contractor and crane company. The citation was based on a fall protection standard. After deposing the compliance officer and Assistant Area Director, Mr. Goff was able to point out that OSHA had serious problems showing that the cited standard applied and that employees were exposed to any violative condition. OSHA offered to reduce the citation's classification, but Mr. Goff and the client demanded dismissal. The Secretary of Labor relented and withdrew the citation. 
  • A Louisiana contractor was hired to erect scaffolding inside of a 200-foot boiler at
    a Moss Point, Mississippi, power plant. During erection, the scaffolding collapsed, resulting in injuries to employees and one fatality. OSHA issued two serious and one willful (under the General Duty clause) citations with $72,000.00 in penalties. Mr. Goff contested the citations with the goal of withdrawal and/or reclassification (especially of the willful citation). Prior to the hearing, OSHA withdrew one of the citations based upon its inability to prove that any damaged components were used. The case proceeded to hearing and the Judge reclassified the willful citation to serious and reduced penalties to $8,000.00. 
  • Mr. Goff represented an industrial contractor following a crane accident in Kansas which resulted in one fatality. OSHA issued four citations. The citations were contested relying, in part, on the defense of unpreventable employee misconduct. Prior to hearing, the Secretary of Labor withdrew three of the citations, reclassified the remaining citation to "other than serious," and reduced the penalties to $0.00. 
  • In Louisiana, OSHA issued five citations to a large industrial contractor based on fall protection, electrical and record keeping standards. Mr. Goff contested all citations. Based on the defenses asserted, a settlement agreement was reached whereby OSHA withdrew four of the citations and reclassified the remaining to "other than serious." 
  • Mr. Goff's client, a railroad tank car manufacturer, was issued six serious and two
    repeat citations at its facility in Cleveland, Texas. The citations were based upon alleged personal protective equipment (PPE) and confined space violations. All citations were contested. As to the repeat citations, Mr. Goff pointed out that a previous citation was at a different facility with differing operations and
    management. OSHA withdrew all but one citation and reduced the remaining one to "other than serious" with a penalty of $0.00.