An employer may file a petition for modification of abatement date when he has made a good faith effort
to comply with the abatement requirements of a citation, but such abatement has not been completed because of factors beyond his reasonable
A petition for modification of abatement date shall be in writing and shall include the following
All steps taken by the employer, and the dates of such action, in an effort to achieve compliance
during the prescribed abatement period.
The specific additional abatement time necessary in order to achieve compliance.
The reasons such additional time is necessary, including the unavailability of professional or
technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original
All available interim steps being taken to safeguard the employees against the cited hazard during
the abatement period.
A certification that a copy of the petition has been posted and, if appropriate, served on the
authorized representative of affected employees, in accordance with paragraph (c)(1) of this section and a certification of the date upon which such
posting and service was made.
A petition for modification of abatement date shall be filed with the Area Director of the United
States Department of Labor who issued the citation no later than the close of the next working day following the date on which abatement was
originally required. A later-filed petition shall be accompanied by the employer's statement of exceptional circumstances explaining the
A copy of such petition shall be posted in a conspicuous place where all affected employees will
have notice thereof or near such location where the violation occurred. The petition shall remain posted for a period of ten (10) working days. Where
affected employees are represented by an authorized representative, said representative shall be served with a copy of such petition.
Affected employees or their representatives may file an objection in writing to such petition with
the aforesaid Area Director. Failure to file such objection within ten (10) working days of the date of posting of such petition or of service upon an
authorized representative shall constitute a waiver of any further right to object to said petition.
The Secretary or his duly authorized agent shall have the authority to approve any petition for
modification of abatement date filed pursuant to paragraphs (b) and (c) of this section. Such uncontested petitions shall become final orders pursuant
to sections 10(a) and (c) of the Act.
The Secretary or his authorized representative shall not exercise his approval power until the
expiration of fifteen (15) working days from the date the petition was posted or served pursuant to paragraphs (c)(1) and (2) of this section by the
Where any petition is objected to by the Secretary or affected employees, the petition, citation, and
any objections shall be forwarded to the Commission within three (3) working days after the expiration of the fifteen (15) day period set out in
paragraph (c)(4) of this section.
[40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11, 1975]