“HOW TO” BEAT SISOLAK’S OSHA SHUTDOWN ENFORCEMENT by LAWYER JOEY GILBERT

NEVADA, BE NOT AFRAID —OPEN UP.

Dear OSHA —You have terrorized your LAST NEVADA BUSINESS AT THE DIRECTION OF #WGE!

OSHA —consider this YOUR OFFICIAL NOTICE, —NOW WE ARE COMING FOR YOU!!

You better hire some folks, and you better not use any Federal CARES ACT funds to

do so… (or actually, please do that )!!

THE PEOPLE’S CHAMP —spent the day studying OSHA documents & Citations & Notification of Penalty.

NEXT, I received some private tutoring from some former OSHA inspectors. #GOLDEN

I’m going to be putting together a huge ZOOM business training with

on how to respond and what to do when OSHA contacts or shows up at your business or job site.

However, in the meantime should OSHA show up at your business, call JGL (MY LAW FIRM) immediately at 775-284-7700, there will be instructions provided to you by me or my staff (coming from me, an attorney) that I am typing out right now at 1:11 am on Saturday night (HELL YES I AM ON THIS JUST LIKE I SAID I WOULD BE)!

Also, see below that if OSHA shows up at your business or job site, I want you and any employees to immediately start recording them with your cell phone and get every single word that comes out of their mouth and if they’ve already said something make them start over —make them start from the beginning and tell you exactly why they’re there and how learned of any “said violation of Law” —and who told them to go there (NAMES) —and make sure they give a detailed statement with specificity of what they are up to.

Meaning, “WHY ARE YOU HERE, WHAT SPECIFICALLY BROUGHT YOU HERE? What specific law did I violate and how? Document everyone who is there working when they arrive.

Do not give them permission to enter, do not be afraid to tell them no and to leave.

**This will be SUPER IMPORTANT as we move through the “PROCESS” —a process designed for you to miss timelines and fail, BUT, WE WON’T MISS ANYTHING!!

*** I am putting together a fundraising platform that will raise money for OSHA fines and OSHA fines and penalties only, AS any and all services will be pro bono, but the community will stand behind us and we will have money for these fines when and if we have to pay them!

OSHA is being used to scare you to keep your business at a level that it can’t survive at; HOWEVER, —they can’t do anything other than show up and give you a Citation and Notification of Penalty.

AND, it’s arguable whether they can even do that, so LET’S test them.

Most of you have been scared of a boogie man called “OSHA” that you’ve never seen and it’s time to stop that nonsense and stop worrying about an agency that doesn’t even have the authority to do what they’re doing and we will prove that in time. 

Yes, sure it can be a big fine based on the number of employees and the fact that you’re endangering those employees lives (with something that’s got a 99.8% survivability rating LOL, which should be fun to discuss in Court). Yes, we are taking every single one of them to Court.

I sure would love to see the law that they’re referencing, how it became law and who voted for it, and under what authority they’re going to proceed, including how they think they’re going to enforce it… I’ll wait.

Exactly, —they can’t enforce it —they can’t do anything, but scare you if you let them, don’t let OSHA scare you!! Law Enforcement isn’t going with them. They have better things to do. #OshaBetterGetAWarrant

I got the template and the strategy to go head to head with this GARBAGE —it’s time to open our businesses; I will fight these with you —shoulder to shoulder.

They are very specific directions or announcements they must make or give, including the reason for being at your business, and very particular responses you must provide and things you must do or not do, or say or not say, and all within certain timetables.

We will exhaust their process, BY CONTESTING EVERY SINGLE ONE!

YOU MUST, WITHIN —15 working days, excluding weekends and legal holidays, mail a notice of contest, which must be received on the 15th working day by 5 PM PST. {How they get you is with their time frames and their games and I have the whole process laid out and I’m automating it now and putting it through a workflow that can be easily followed} ***All about the PROCESS!

HOWEVER, —“issuance of a citation does not constitute a finding that a violation of the act has occurred unless there’s a failure to contest as provided for in the act or, if contested, unless THIS/the Citation is affirmed by the Nevada Occupational Safety and Health Review Board or a COURT” (good luck with that OSHA, let’s go, PLEASE, PLEASE, PLEASE —TAKE ME TO COURT!)

Penalty / payment —the penalties itemized on the Citation and Notification of Penalty is (are) payable within 15 working days of receipt of the penalty notice.

HOWEVER, —if you contest a citation or penalty in good faith, abatement and payment of penalties for those items contested are suspended until the occupational safety and health review board reviews your case and issues a FINAL ORDER!

THE BEST PART:

The Review Board is an independent board and is NOT a part of OSHA. The final order of the review board will uphold, modify or eliminate the penalties. However, penalties for items not contested are still due within 15 working days.

INFORMAL CONFERENCE:

I think the OSHA District Manager is about to become my new BUDDY YAY 

Before deciding whether to file a notice of contest you may request an informal conference with the OSHA District Manager to discuss the citation and notification of penalty you made use this opportunity to:

Obtain a better explanation of the violation cited;

Obtain a more complete understanding of the specific standards which apply; Discuss ways to correct the violations; Discuss problems with the abatement dates;

Discuss problems concerning employees safety practices;

Resolve disputed citations and penalties thereby eliminating the need for the more formal procedures associated with litigation before the Review Board;

Present any evidence, or views, which you believe would support an adjustment to the citation and or penalties;

Negotiate and enter into an informal settlement agreement;

Obtain answers to any other questions you may have.

*** YOU will be encouraged to take advantage of the opportunity to have an informal conference if YOU foresee any difficulties in complying with any part of the citation please note, however that an informal conference must be held within the 15 working day notice of contest.

THIS MEANS —it will neither extend the 15 day working day contest period, NOR take the place of filing the written notice if you desire to contest. If you are considering your request for an informal conference to discuss any issues related to the citation and notification of penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so.

Please keep in mind that a written letter of intent to contest must be submitted to the District Manager within 15 working days of your receipt of the citation. The running of this contest period is not interrupted by an informal conference.

Employee representatives have the right to participate in any informal conference or negotiations between the district manager and the employer. To schedule an informal conference please call 775-688-3700

In many Nevada counties, the Sheriff’s will not cooperate with these completely unauthorized & unconstitutional interferences with our businesses, lives & liberty, but these bigger counties have more resources.

Unfortunately, our Sheriff & Chief of police here in Washoe County and in the City of Reno are scared of the Governor, that and the City Council & County Commissioners have no spine (not like mayor Goodman in Las Vegas or even Marilyn Kirkpatrick), but other than that we’re Gucci!

However, OSHA still DOES NOT have a right to be on your property, UNLESS they have a very specific reason for being there, that they must announce and ask your permission to enter.

***Tell them no and to kick rocks (more guidance coming).

Unless you’re the business owner, do not give them permission TO DO ANYTHING, and if you are the business owner, tell them to go get a warrant and kindly leave.

NO MATTER WHAT, FILM the entire incident from start to finish take out your cell phone turn your video on and record each and every word that comes out of their mouth with specificity ask them questions why they’re there under what guidance they’re there under what laws they’re there and what they intend to accomplish by being there. **HAVE ANY EMPLOYEES DO THE SAME, MEANING RECORD THE ENTIRE PROCESS AND GET EVER WORD THAT COMES OUT OF THEIR MOUTH —DOCUMENTED. EVERY SINGLE WORD!!

We are going to get much more into this later, but this little OSHA stunt that #WGE is pulling JUST GOT A WHOLE LOT MORE COMPLICATED.

HEY OSHA, you want some, come get some, HERE KITTY KITTY!!!

AND, —gosh in my reading of Nevada law, I have a right to demand an in person hearing when that time comes, so WE ARE sure going to have to set these things out pretty far; I hope you’re ready. STACK THEM HIGH!

HOW TO CONTEST:

If you wish to contest any portion of a citation, you must submit, a notice of contest in writing, by mail or fax, within 15 working days excluding weekends and state holidays after receipt of the NVOSHA-2. This applies even if you have stated your disagreement with a citation, penalty or abatement date during a telephone conversation or an informal conference.

**OSHA must receive your notice of contest by 5 PM Pacific standard time on the 15th working day. The notice must clearly state what is being contested; the citation, the penalty, or a combination of these factors. In addition, the notice MUST state whether all the violations on the citation, or just specific violations, are being contested., FOR EXAMPLE, “I wish to contest the citation and penalty proposed for item 3 and 4 of the citation issued on November 29, 2020

Your contest must be made in good faith. A contest solely filed to avoid your responsibilities for abatement or payment of penalties will not be considered a good faith contest. A proper contest of any items suspends your obligation to abate and pay until the item contested has been JUDICIALLY resolved. If you contest only the penalty, you must still correct all violations by the date indicated on the citation. If only some items of the citation are contested, the other items must be corrected by the abatement date and the corresponding penalties paid within the 15 working days of notification.

After you file a notice of contest, your case is officially in litigation. If you wish to settle the case, you may contact a OSHA District Manager who will give you the name of the OSHA attorney handling your case. All settlements of contested cases are negotiated between you and the OSHA attorney according to the rules of practice of the Nevada Occupational Safety and Health Review Board.

THE CONTEST PROCESS —if the notice of contest has been filed within the required 15 working days, the OSHA attorney will forward your case to the Nevada Occupational Safety and Health Review Board and the Board will schedule a hearing. Both employers and employees have a right to participate in this hearing which contains all the elements of a trial including examination and cross examination of witnesses. You may choose to represent yourself, or be represented by an attorney. The Board may affirm, modify or eliminate any contest item of the Citation or penalty.

As with any other legal procedure, there is an appeals process. Once the board has ruled, any part of the case may request a further review by the District Court for the area in which the case arose.

*** THIS IS WHERE YOU/WE WIN!!!

Unless you inform the District Manager in writing that you intend to contest the citations and propose penalty within 15 working days after receipt, the citation and the proposed penalty will become a final order of the Nevada Occupational Safety and Health Review Board and may not be reviewed by any court or agency.

*** The last thing I want to say is that there have been dozens of very smart people who have been helping me the last six months on Facebook and you have offered your services. Well, we are turning a few of my offices at my new building into OSHA processing wings and we are going to provide services to the community; I need your help —if you’ve been one of those people please reach out over messenger or send an email to [email protected] but just plan to come on in —we have some work to do!!

If you have my cell phone, please text or call me.

Any attorneys who have offered assistance, I need you, any paralegals that have offered assistance, I need you; any people with clerical, computer or office skills, —and some of you are fantastic writers and researchers, I NEED YOU!!

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