Module 3 – SLP
PREPARING FOR THE NEGOTIATION
Your informal conference with OSHA is scheduled for
tomorrow. Again, $14,000 is a lot of
money for your small electrical company.
You have heard stories about the OSHA Area Director, indicating she is a
hard-lined negotiator, and stories that she is very easy to work with if you
stick to the facts and demonstrate your commitment to safety. You have also heard that she does not take
kindly to disrespect (and that your foreman may have been rude with OSHA’s
Compliance Officer), and that generally speaking, the average respectful contractor
gets a 40- to 45% penalty reduction as a result of attending an informal
conference; and $7,700 is a lot better price to pay than $14,000.
Ideally, you would like to see the first two citations
withdrawn (open elevator shaft and grounding prong that was removed from the
extension cord). That would decrease
your penalty by almost 2/3. Of course,
the argument that your company leadership could not have known about the bad
cord is weak, because the foreman has not been filling out his extension cord
checklist consistently (and did not on the day of the inspection… or the two weeks
preceding the inspection).
Sometimes the Area Director is willing to just reduce the
penalty on citations, even if they are not withdrawn, especially if the
employer can demonstrate good faith with respect to his or her regard for
providing a safe workplace. Settling the
case is in her interest because the employer (you in this case) could legally
contest the citations. The case would then become a legal matter to be heard by
an administrative law judge; many of whom have been known to vacate any
citations that are not “Iron-clad,” so to speak. The hearing would also tie up her Compliance
Officer, and the time and resources of OSHA’s attorneys for what they would deem
to be a very trivial case.
So contesting the citations is another option for you. But then, of course, you will end up having
to pay a considerable amount of money to your attorneys. The judge’s decision
combined with the attorney fees could end up costing much more than $14,000,
even if you end up with a favorable decision. But you do have that card and the
Area Director knows it.
Based on your readings and the materials presented for your
SLP in the first 3 modules, discuss the importance of creating range and
alternatives in preparing for such a negotiation.
SLP Assignment Expectations
Answer questions with clarity.
Show depth and breadth to enhance the quality of your paper.
Search in our library to find some papers/articles to
support your argument and show them in the reference list.
Turn in your 2- to 3-page paper by the module due date.
