Using Affirmative Defense With OSHA
Affirmative Defenses A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts. From the perspective of the Occupational Safety and Health Administration (OSHA), an affirmative defense is a claim that if established and found to exist, can help to potentially rescind a citation that an employer received. Three Most Common Affirmative Defenses: Unpreventable Employee Misconduct or “Isolated Event” Defense Impossibility/Infeasibility of Compliance Defense Greater Hazard Defense Any defense you wish to argue must be brought up at the informal conference or hearing. If you raise an affirmative defense, the
