b'loerto 0 Defenses Ancontractorsdocument that he training was translated on the correspondinformal conference allowstthe opportunitymeetOSHA\'.s area director and, ifing sign-in sheet. towith requested, the inspector in an informal settingdiscuss theA companymustthat these written rules and toalsoestablish elements ofproposedcontractors canpolicies arc enforced. Typically, this can be demonstrated by acitation. In this setting, forpenalties,on present their casereduced severity, reducedandsite inspections conducteda frequent basis as well as any sometimes outrightofitems.andaclion for unsafe acts orthats deletioncitedall disciplinaryactivitieshaAs important as anconference canforbeenin the pastany currentformer employee. informalbetakenagainstor employers dealingOccupational Health and Safety AdwithThe "Impossibility of Compliance"Defense ministration (OSHA) citations, settingourup vvith y companyAnother defense thatbeenforth by employers hasbrought affirmative defense documentation can beas helpful, if justnotwith someofheof levelsuccess is t "impossibilitycompliance" more so.defense. 1his argumentbasedthe assumption that ison Although an OSHA informal conference is a good place tocompliance with thewas made impossibleof standardbecause state your case, with a little preplanningproper documenandthe nature ofspecific work. tation, you often cana citation removedbasedthe getentirelyAn example of this is the handrail requirement for stair on the defenses outlined within this article. \'lheis a followingsystems that have four orrisers: In one morecircumstance, breal(down oflegally recognized defenses that business ownersOSHA attempted to issue a citation to a contractor during the safety directorsconsiderwhendrywall stageconstruction. However, for the trade personnel andshouldand be aware of of conducting training andfor specific jobs. preplanningto complete theirork, the temporarythat w handrailhad The "Employee Misconduct" Defensebeen installedremoved. This, in turn, was explained to was Employee misconductthe mostandmostthe OSHA areatheprocess and iscommon,likelydirector duringinformalthe important, defense optionemployer mayats orcitation was deleted as a resulL. anhavehi her thedefenseusdisposal. 1his option also has been referred to as the isolatedForroofing trade, thismay beed in a situation occurrence ordefense, andbasedtheinroofers are working on a gypsum deck, domed incidentit\'sonconceptwhich the thatshould notpunished for the activities ofroof. This scenario would notmeans employersbeallow for conventional their employees when said employees have been given allofprotection, because of the gypsum strength and the fall opportunities andto comply with theanchorage available to roofing contractors. resourceslaw.1herefore, a To establish this defense, an employer must provesite-specific safetyoutlining the alternative means of andplanfall thatmet:be cr on,implemented to demonstratethe following criteria have beenprotection couldeated, trainedand 1hethe em ensure a defendable position ,vith OSHA. Remember, to use violation charged resulted exclusively from ployee\'s conduct.Lhis defense, you must be able to prove that compliance with 1hewas notin, observed by, or per the standardfunctionally impossible or violationparticipatedwaswould preclude formed with the knowledge orofperformancerequiredrk, and that an alternative means consentany supervisoryofwopersonnel. (1his includes your designated competentofprotection was either unavailable or employeein use. Having person.)a site-specific safety planmeasures always outlining alternative against a well-establishedfor this defense. The employee\'s conduct wentis recommended companyor work rule thatinat the time policywaseffectThe "Employer Had No Exposure or Equipment Was Not ofitation. c In Use" Defense Necessary documents to supportdefense would this1heoutlined is one in which the cited equipment include writtenand1his could include thefinal defense policiesprograms.was notuse orwere no demonstrable hazards to the company\'s safetyemployee handbook, orinthere manual,site-specificpersonnel for the proposedOne example of documentation with which you can prove that theviolation.the employeeequipmentbe a situation in which a ladder with identified as the offender had received the information.defense could damage had been taken outservice andas such. Documented training on work rules, policies, and programsofmarked OSHA shouldn\'ttheunless it was observed also mustavailable a:nd reflectoffending employeecite forladderin bethat theuse. Also, if an inoperable tool was observed duringOSHA attended the training sessions. 1his training mustathe be inwalkthrough, and itinprocessbeing repaired, this, language the employee can understand, so it\'s oftengoodwastheof atoo, would not beconditionthe idea Lo provide a translator for all non-English personnel anda citableperdefenses allowed. 10www.mrca.org- Midwest Roofer'