Defending Against Charges for Philadelphia Workplace Safety Hazards

Defending Against Charges for Philadelphia Workplace Safety Hazards

Ensuring a safe working environment is crucial, but sometimes accidents or violations happen. As an employer in Philadelphia, you may face citations and penalties if your workplace is found to have safety hazards. While the outcomes can be serious, there are defenses you can use to protect yourself and your business.

Common Philadelphia Workplace Violations

In Philadelphia, the Department of Licenses and Inspections (L&I) enforces health and safety regulations. Some frequent violations they cite include:

• Faulty electrical systems
• Blocked exits or exit signs
• Lack of fire extinguishers or sprinklers
• Poor housekeeping (trip hazards, blocked aisles)
• Unguarded machinery
• Lack of personal protective equipment (PPE)
• Excessive noise
• Asbestos or lead exposure

L&I can issue warnings and fines up to $300 per violation per day. They may also refer cases for criminal charges. So if you face an investigation, it’s important to understand your rights and defenses.

Challenging the Violations

You usually have 15 days after receiving a L&I citation to challenge it. This involves filing an appeal explaining why you believe the violations were issued incorrectly or penalties assessed unfairly. Reasons could include:

• Violations existed but have since been fixed
• Inspectors misinterpreted the regulations
• Fines seem excessive compared to the hazard
• Violations were caused by employee misconduct rather than negligence

An appeals hearing will be scheduled where you can argue your case to an administrative judge. You may also request an extension if you need more time to gather evidence or prepare your arguments. If violations are upheld however, prompt corrective action is still required.

“Unpreventable Employee Misconduct” Defense

One legal defense that can be effective is arguing the violations resulted from “unpreventable employee misconduct.” This means showing that:

1. You established proper safety policies and training
2. You adequately supervised employees
3. The unsafe behavior was an unforeseeable, isolated incident

For example, if an employee suddenly disabled a safety device without authorization, leading to an injury, you may not be liable. You’ll need evidence like training logs, safety audits, and witness statements. But if you didn’t make reasonable efforts to ensure compliance, the defense likely won’t succeed.

Negotiating a Settlement

Rather than a lengthy appeals process, you may prefer negotiating a settlement with L&I. This involves working with them to reduce penalties or create alternative solutions, like safety training programs. Settlements can save legal expenses and lead to quicker case resolution. You’ll likely need to show substantial proof of correcting violations.

One option is entering Philadelphia’s Self-Audit Program. It grants penalty relief for promptly disclosing and fixing hazards before L&I learns about them. You develop a plan showing your auditing process and corrections made. While beneficial, the program requires vigilance, as undiscovered violations can still lead to citations.

Avoiding Future Issues

The best approach is being proactive with safety management. Conduct regular self-inspections, document actions taken, and ensure supervisors enforce policies consistently. Also consider an anonymous reporting system employees can use to identify concerns. When issues do occur, promptly investigate causes and implement solutions. Documenting these efforts can aid your defense if citations arise.

For complicated cases involving injuries or criminal liability risks, consult an attorney experienced with Philadelphia labor laws. They can assess your liability, guide negotiations, and represent you through appeals if needed. The right legal strategy can help mitigate penalties and protect your business’s interests.

Workplace accidents can happen despite an employer’s reasonable precautions. But following safety best practices, quickly addressing problems, and understanding your legal options can help you successfully navigate citations. Being prepared to defend your record can make all the difference.

References

Department of Licenses and Inspections Penalty Schedule: https://www.phila.gov/media/20200206170527/L_I-Penalty-Schedule-2020.pdf

Request for Extension of Time: https://www.phila.gov/media/20160504162807/Request-for-Extension-of-Time.pdf

Self-Audit Program: https://www.phila.gov/media/20191015163546/L_I-Self-Audit-Program.pdf