Final answer:
If a complaint against a contractor is settled during an informal conference, the Department and the parties involved must reach an agreement on the settlement. There are no rigid penalties such as mandatory license suspension, issued warnings, or minimum fines required by default.
Step-by-step explanation:
When a complaint is brought against a contractor and it is settled during an informal conference, the key action that must take place is that the Department and the parties involved must agree on the settlement. It is not mandatory for the contractor’s license to be suspended for 30 days, nor is there a stipulation that a letter of warning must be issued and retained for one year. Also, there is no requirement that the settlement must include a minimum fine of $100.00. Instead, any proposed penalty would take into account various factors including the gravity of the violation, business size, good faith, and the employer’s history of prior violations according to OSHA’s protocol for handling violations.
Employers subject to OSHA citations have the right to contest the citation, and the appeals for such citations are heard by the independent Occupational Safety and Health Review Commission (OSHRC). The process recognizes the employer’s right to due process in contesting allegations and penalties associated with workplace safety and health violations.