Rewrite With Proper Explained for Students (Easy Guide)

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Structure your response with introduction, analysis, and conclusion.

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Original Question

Rewrite with proper grammar and in paragraph form. In the year 2010, the company E.N. Range, Inc. was issued multiple citations for failure to comply with OSHA standards that both directly affected the health and well-being of their employees. These citations would range from the categories of serious, willful, and other. Through the combination of these citations, E.N. Range, Inc. had a proposed penalty of $1,035,600.00. The violations labeled as serious would include unsafe working conditions for the employees. These conditions would include physical factors such as spliced extension cords and unguarded fan rotations. Through these physical factors, a total proposed citation of $3,600.00 was levied. Following the physical factors, there was an abundance of environmental factors that continued to drive the proposed citation costs even higher. These citations included improper protective equipment utilization and potential 3rdparty exposure due to a lack of oversight or access for post-lead exposure procedures. Through these citations, coupled with the physical factor citations, the proposed citation for serious violations was $27,600.00. Directly following the serious violations were the willful violations. Both the serious and willful citations had examples of improper protective equipment and potential 3rdparty exposure. The willful citations held a heavier fine due to the role the employer played in the lack of protection afforded to their employees. The largest example found in these citations for willfully not protecting it employees is found in the multiple citations about the exposure of lead over the permissible limit for three different employees. Directly defying Occupational Safety and Health Administration (2020) 29 CFR1910.1025(d)(6)(iii), which states. “If the initial monitoring reveals that employee exposure is above the permissible exposure limit, the employer shall repeat monitoring quarterly. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the PEL but at or above the action level at which time the employer shall repeat monitoring for that employee at the frequency specified in paragraph (d)(6)(ii), except as otherwise provided in paragraph (d) (7) of this section.” Additionally, the company E.N. Range, Inc. provided employees with prophylactic chelation, violating regulation 29 CFR 1910.1025(j)(4)(i). Through these willful acts, the proposed citation reached $1,008,000.00 on the willful acts alone. Although there was one additional citation for the improper labeling of a contaminated container, the citation was placed at $0.00. Through all of the citations proposed the company E.N. Range, Inc. was given a fine of $1,035,600.00. With the proposed citations in place, there are still avenues that E.N. Range, Inc. can take to avoid paying the entirety of the fine. The first step that XXXXX should take is to schedule a closing conference with the OSHA investigator. During this time, detailed discussions about the nature of the violations, possible abatements of the violations and corresponding timelines for the abatements, and the potential penalties of any found violations. Additionally, E.N. Range, Inc. will be required to post any citation, regardless of contention or not, in any area where a violation was found. Leading from this point, company XXXXX will also have the option to contest the citations or to submit an Abatement Certification and pay the penalty within 15 days. If E.N. Range, Inc. does wish to contest the citations, they would need to submit a notice of intent to contest within 15 working days of the issuance of the citation. Through the notice of intent to consent, you are required to be specific about what you are contesting. If E.N. Range, Inc. does not wish to contest but finds itself in an unforeseen circumstance that brcauseshem unable to pay their penalties prior to the allotted 15 working days, they may submit a Petition for Modification of Abatement. A Petition for Modification of Abatement may extend the preset abatement date but requires information that must be adhered to. For example, along with the Petition for Modification of Abatement, you must also submit the steps you have taken to achieve compliance, the requested extension time, reasons for your time, and proof of posting the request, allowing employees to object to the petition. Objecting to the petition is not the only right that an employee has at the time a citation is issued to E.N. Range, Inc. An employee of this company would also be entitled to contest any abetment dates if they believe them to be unreasonable. An employee is also protected under OSHA regulations against retaliation from the employer and may even testify in court against their employer. If an employee feels that they were wrongfully terminated due to retaliation, they may call OSHA within 30 days of termination. When it comes to reducing the penalties set against them, E.N. Range, Inc. would have a few factors that could help them. According to chapter 6 of the OSHA’s field operation manual, a citation may be reduced from pre-existing factors, such as history, size, and good faith efforts. These reductions range from up to 10 percent for history and all the way up to 70 percent reduction for size. However, with E.N. Range, Inc. having most of its penalties being willful violations, it is stated in the field operator’s manual that willful violations cannot be less than statutory minimums. In the end, we see that not only are there steps and procedures throughout the entire process of receiving citations, but there are also avenues to take for most situations that arise, as long as you are prepared. The biggest takeaway from this report should not be the amount of each fine, but that there are ways to delay, reduce, and protect yourself written into existence. The only cavoite to that being if you are choosing to actively neglect the health of your employees your options shorten and at the end of the day OSHA will ensure that people are taken care of first.

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