April 12, 2011

MEMORANDUM FOR:
REGIONAL ADMINISTRATORS
STATE PLAN DESIGNEES
FROM:
RICHARD E. FAIRFAX
DEPUTY ASSISTANT SECRETARY
SUBJECT:
Inclusion of Grain Handling Hazards to the High-Emphasis Hazards in the Severe Violator Enforcement Program (SVEP)

The purpose of this memorandum is to authorize the addition of grain handling hazards covered under 29 CFR 1910.272, Grain Handling Facilities, to the list of High-Emphasis Hazards in the Severe Violator Enforcement Program (SVEP). The inclusion of high gravity serious violations of 29 CFR 1910.272 as criteria to qualify for SVEP is necessary to address the troubling and inexcusable increase in fatalities, entrapments, and injuries within this high-hazard industry. Therefore, an inspection in which OSHA finds two or more willful or repeated violations or failure-to-abate notices (or any combination of these violations/notices), based on high gravity serious violations related to 29 CFR 1910.272, Grain Handling Facilities, will now be considered a severe violator enforcement case.

This policy is effective for any citations under 29 CFR 1910.272 that are issued on or after the date of this memorandum. In the near future, Section XI of Instruction CPL 02-00-149, Severe Violator Enforcement Program (SVEP), will be updated to reflect this policy change. If you have any questions regarding this memorandum, please contact Office of General Industry Enforcement at (202) 693-1850.