As I tell my clients, resolving your OSHA citations by accepting an Other-Than-Serious may lower your exposure to a high penalty Repeat in the future – but you’re not out of the woods completely. For example, in 2012 the Walmart Supercenter in Rochester, NY received three (3) Repeat citations based solely on previous Other-Than-Serious citations from far away locations: 1- Rincon, GA and 2- Festus, MO. See OSHA Inspection No. 315502476. Therefore, if you have a reasonable basis to defend against an Other-Than-Serious citation, consider the chances of receiving a Repeat citation for similar hazards within the next five (5) years. The “Repeat” characterization could cause you to lose a bid for work, or perhaps ban you from working in certain localities (see previous blog Your OSHA Citation May Bar You from Working in Boston). Feel free to contact me if you have any further thoughts, questions or concerns.
About the Author: James F. Laboe
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