It’s not uncommon that when employers receive an Occupational Safety and Health Administration (OSHA) citation, they claim it was the employee’s fault for doing something stupid. This is recognized as the “employee misconduct” defense; and to prove it, you must show:
- An established work rule that, if followed, would have prevented the violation.
- That this rule was sufficiently communicated to the employee.
- You have taken steps to uncover violations.
- You have effectively enforced your safety rules.