- Part Number:1903
- Part Number Title:Inspections, Citations, and Proposed Penalties
- Standard Number:
- Title:Abatement verification.
- GPO Source:
Purpose. OSHA's inspections are intended to result in the abatement of violations of the Occupational Safety and Health Act of 1970 (the OSH Act). This section sets forth the procedures OSHA will use to ensure abatement. These procedures are tailored to the nature of the violation and the employer's abatement actions.
Scope and application. This section applies to employers who receive a citation for a violation of the Occupational Safety and Health Act.
Abatement date means:
The date established in a citation by an informal settlement agreement.
Affected employees means those employees who are exposed to the hazard(s) identified as violation(s) in a citation.
Final order date means:
The thirtieth day after the date on which a decision or order of a commission administrative law judge has been docketed with the commission, unless a member of the commission has directed review; or
Movable equipment means a hand-held or non-hand-held machine or device, powered or unpowered, that is used to do work and is moved within or between worksites.
Notes in the citation that abatement has occurred.
The employer's certification that abatement is complete must include, for each cited violation, in addition to the information required by paragraph (h) of this section, the date and method of abatement and a statement that affected employees and their representatives have been informed of the abatement.
Note to paragraph (c): Appendix A contains a sample Abatement Certification Letter.
The Agency may require an employer to submit an abatement plan for each cited violation (except an other-than-serious violation) when the time permitted for abatement is more than 90 calendar days. If an abatement plan is required, the citation must so indicate.
The employer must submit an abatement plan for each cited violation within 25 calendar days from the final order date when the citation indicates that such a plan is required. The abatement plan must identify the violation and the steps to be taken to achieve abatement, including a schedule for completing abatement and, where necessary, how employees will be protected from exposure to the violative condition in the interim until abatement is complete.
Note to paragraph (e): Appendix B contains a Sample Abatement Plan form.
For each violation, the progress report must identify, in a single sentence if possible, the action taken to achieve abatement and the date the action was taken.
Note to paragraph (f): Appendix B contains a Sample Progress Report form.
The employer must comply with an employee's or employee representative's request to examine and copy abatement documents within 5 working days of receiving the request.
Transmitting abatement documents.
The signature of the employer or the employer's authorized representative.
For serious, repeat, and willful violations involving movable equipment, the employer must attach a warning tag or a copy of the citation to the operating controls or to the cited component of equipment that is moved within the worksite or between worksites.
Note to paragraph (i)(1): Attaching a copy of the citation to the equipment is deemed by OSHA to meet the tagging requirement of paragraph (i)(1) of this section as well as the posting requirement of 29 CFR 1903.16.
The employer must use a warning tag that properly warns employees about the nature of the violation involving the equipment and identifies the location of the citation issued.
Note to paragraph (i)(2): Non-Mandatory Appendix C contains a sample tag that employers may use to meet this requirement.
For the construction industry, a tag that is designed and used in accordance with 29 CFR 1926.20(b)(3) and 29 CFR 1926.200(h) is deemed by OSHA to meet the requirements of this section when the information required by paragraph (i)(2) is included on the tag.
[62 FR 15324, March 31, 1997]