OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
May 24, 1989
|MEMORANDUM FOR:||REGIONAL ADMINISTRATORS
|THRU:||LEO CAREY, DIRECTOR
Office of Field Programs
|FROM:||PATRICIA K. CLARK, ACTING DIRECTOR
Directorate of Compliance Programs
|SUBJECT:||Distribution of Penalties Collected on Violation-by-Violation Cases|
Recent corporate-wide settlements have raised questions regarding recording of penalty information in the IMIS. specifically, where several inspections are settled with a single agreement, a single lump-sum penalty is paid. This amount may not be directly attributable to specific cases or violations. Thus, a new procedure is needed to ensure that IMIS records reflect the effects of the settlement. Such a procedure is outlined below. It will be tested beginning immediately and evaluated after six months have elapsed.
Where multiple sites are issued proposed penalties, and settled by a corporate-wide agreement, and one penalty amount is received, the Directorate of Compliance Programs (DCP) will make the decision as to the distribution of the monies received.
DCP will divide the settlement amount received proportionately against the total amount for each office involved. The appropriate Regional Office(s) will be notified immediately, followed by a memorandum and a copy of the check received at the National Office. Each Area Office will then enter the designated amount into their IMIS system using an OSHA-163 form.
If you have any questions regarding this matter, please call Jeff Finch at FTS 523-8041.