If OSHA issues a citation following an inspection, employers are frequently tempted to settle quickly and informally for a reduced penalty rather than contest the citation which may have no factual or legal support without considering future consequences.

By foregoing potential factual and legal defenses for a quick and easy resolution of a citation involving an alleged violation of a specific regulation, however, can create a much larger risk in the future: a “repeat” citation with substantial monetary penalties.

This article will discuss what constitutes a repeat citation, including recent OSHA and Occupational Safety and Health Review Commission case law developments that unfortunately reflect a trend to increase an employers’ risk of receiving a repeat citation. The article will also provide practical advice on what employers can do to limit the possibility of receiving a repeat citation.

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