29 CFR 2200.34

How do you prove unpreventable employee misconduct to OSHA?

Unpreventable employee misconduct is a defense you plead in your answer under 29 CFR 2200.34(b)(3) and then prove with records: a work rule that tracks the standard, how it reached employees, how you checked for violations and how you disciplined them. What the Review Commission asked for in TNT Crane & Rigging and Cooper/T. Smith, and why both employers lost.