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OSHA Related Matters

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OSHA Related Matters

OSHA Related Matters

OSHA regulations and requirements are very serious and very specific. Failure to abide by them could mean costly fines or penalties within the letter of the law. The goal is to provide a safe work environment for employees and to minimize risks to others. When failures in this area occur, businesses may need legal support in navigating the process.

At the Law Office of Vanessa D. Torres, P.A., we work closely with businesses that are facing OSHA related matters, including compliance and regulatory mistakes and failures, as well as accusations that may not be accurate. If your business is facing any type of legal action related to such matters, reach out to Attorney Torres, who has the experience to work closely with you to overcome the challenges.

If you are an employee who feels OSHA violations have occurred in your place of business, reach out to us to learn more about your legal rights in the case.

Attorney Torres will provide accurate and honest information about your legal options. Contact the Law Office of Vanessa D. Torres, P.A. today to set up a consultation to discuss the matter with a trusted attorney serving Coral Gables, FL, and the surrounding areas.

How Inspections Work?

Most inspections are randomly done, however, OSHA may come out to your jobsite for an inspection if an employee files a safety complaint, after an employee is killed on a jobsite, after an incident leads to the hospitalization of three or more employees, based on a government agency referral, or as a follow-up to a previous inspection. The inspection consists of three parts, the opening and closing conferences and the walkaround. Based on their findings, an OSHA inspector may issue an “apparent citation” and recommendations for correcting the violation. A Miami OSHA lawyer can either provide tips for preparing for an inspection, be present at the inspection, or help with next steps should a citation be given.

Next Steps if You Receive a Citation

If you receive an OSHA citation, it’s important that you contact a Miami OSHA defense attorney immediately. His knowledge of this complicated process is instrumental to achieving a positive outcome. Here are a few tips to consider when dealing with OSHA violations:

File a Notice to Contest: This is a written notice notifying the OSHA area director that you are contesting the citation. This should be done within 15 days of receiving the citation or else a penalty will be enforced.

Request a meeting with the OSHA Area Director: This is an informal meeting that will give you a better understanding of the citation and can help you build your case. It’s important to have a Miami OSHA attorney present for this meeting.

Make OSHA Provide Proof: It’s your responsibility to hold OSHA accountable for the reasoning behind their citation. You can formally ask them to provide proof of the violation.

Post Citation Notice: OSHA requires that you post their citation notice at or near the place where the alleged violation occurred. Not doing so can lead to penalties.

Were Here to Assist you

Throughout, The law office or Vanessa D. Torres should be readily available when you have questions or need a consultation as you navigate the process, which may include:

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Questions You May Wonder?

When Should I See a Lawyer?

People often turn to lawyers as a last resort after the contract has been signed, a spouse has walked out, or a creditor is threatening. But just like regular medical checkups, “an ounce of prevention is worth a pound of cure” when it comes to legal matters.

Good legal advice can not only save you money in the long run, but also save you from unpleasant difficulties later.

Situations in which you should consider consulting a lawyer include:

  • Before buying or selling real estate.
  • Before signing a contract with major financial provisions.
  • Before making a will or planning your estate.
  • Before organizing a business.
  • If you are arrested or charged with a crime.
  • When you are involved in an accident in which there is significant damage to persons or property.
  • When there are changes in your family status, such as marriage, adoption, or divorce.
  • When you have tax problems or questions.
  • When a lawsuit is brought against you, or you want to bring a lawsuit against someone.
Determination of Fees

Lawyers base their fees on different facts, including the difficulty of a particular legal task, the amount of time involved, the experience and skill of the lawyer in the particular area of law and the lawyer’s cost of doing business. The cost of doing business, referred to as overhead, usually includes rent, equipment, salaries and the cost of maintaining the lawyer’s level of professional skills and education. A lawyer’s overhead normally is 35 percent to 50 percent of the legal fees charged.

A lawyer’s services normally involve research, investigation and case preparation. Most of the work is done after the client leaves the lawyer’s office and can be very time-consuming. As a result, the client is often unaware of the amount of time a given legal matter will actually take.

A client should always discuss the prospective charges at the first meeting with the lawyer. At the initial meeting, the lawyer and the client should discuss the time anticipated to resolve the case, the difficulties likely to be encountered, and the complexity of the legal issues in the particular case. An early agreement concerning fees will prevent surprises and misunderstandings for both the client and the lawyer. You should be prepared to decide how much money you can afford to invest in the resolution of the problem. The lawyer/client relationship involves a mutual commitment. Both parties have a need from the outset to have a full and complete understanding of the commitment.

Who will work on my case?

At The Law Office Of Vanessa D Torres, your case will be handled by experienced legal professionals from our Law clerks, paralegals, legal case managers and our dedicated attorneys

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