Many times, when employers receive an Occupational Safety and Health Administration (OSHA) citation—if not most times—they claim it wasn’t their fault, but rather the employee did something stupid. OSHA recognizes such a defense, called the “employee misconduct” defense. It is an affirmative defense, meaning the employer has the burden of proof in establishing the misconduct.
How to Prove
To prove misconduct, you must show:
- An established work rule, if followed, would have prevented the violation;
- The work rule was adequately communicated to the employees;
- You have taken steps to discover violations; and
- You have effectively enforced your safety rules.
