Dickinson, Mackaman, Tyler & Hagen, P.C.

OSHA Defense and Consultation

Overview

Dickinson's Des Moines, Iowa-based attorneys represent businesses that have been issued citations by the Iowa Occupational Safety and Health Administration (IOSHA) for the alleged violation of workplace safety standards. As one of twenty-six State Plan States, IOSHA generally enforces federal OSHA standards as adopted by the Labor Services Division of Iowa Workforce Development.

Workplace safety is a priority for most businesses.  Not only is taking safety seriously the right thing to do for employees, a safe workplace also provides an economic advantage to the employer. But even careful employers are sometimes issued citations by the IOSHA for the alleged violation of workplace safety standards.  When that happens, Dickinson Law can help.

Iowa is a State Plan State

Federal OSHA has authorized Iowa, 25 other states, Puerto Rico, and the Virgin Islands to operate their own occupational safety and health agencies. As one of twenty-six State Plan States, IOSHA generally enforces federal OSHA standards as adopted by the Labor Services Division of Iowa Workforce Development. 

How the OSHA Citation Process Works

Iowa OSHA citations are processed under administrative procedures separate from those found in the court system or procedures governing other agencies. When a citation is issued, the recipient is entitled - but not required - to participate in an informal conference with officials of Iowa OSHA within 15 business days to attempt to negotiate a reduction or dismissal of the citation and monetary fine. The recipient of a citation is also entitled to contest the citation in formal litigation before the Iowa Department of Inspections and Appeals.  The outcome of that administrative proceeding can be appealed to the Iowa District Court, the Iowa Court of Appeals, and the Iowa Supreme Court.

How Dickinson Law can Help.

Our OSHA practice area is led by Joan M. Fletcher.  Since 2002, Joan has represented employers in the defense of OSHA citations, including reaching successful resolutions through informal and formal settlement processes.  She has been involved in the defense of OSHA citations associated with fatalities, amputations and other significant injuries at all levels, from administrative proceedings, through appeals to state district court and the Iowa Court of Appeals and Iowa Supreme Court.  Joan has also successfully represented clients in informal investigations by OSHA, resulting in no citation being issued.  Additionally, she has experience defending employers from claims of OSHA related whistleblower and retaliation claims.

Her experience involves a wide variety of business sectors, including but not limited to:

  • agricultural services 
  • construction
  • food processors, manufacturers and retailers
  • governmental entities
  • heating and cooling
  • industrial biosciences
  • manufacturing facilities
  • pipeline
  • renewable energy
  • transportation and delivery

In addition to representing employers throughout the claims process, Dickinson attorneys are also available to advise clients regarding OSHA compliance before a citation is ever issued.  By helping you understand Iowa and federal OSHA regulation, Dickinson attorneys can help you avoid the expense, lost time, and frustration of an investigation.  Contact Joan for help with your OSHA matters today.

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