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OSHA assigns abatement dates on the basis of how soon a correction/abatement can be made by the employer when issuing the citation. Failure-to-abate the hazards by the abatement date are calculated per day and can be costly.
However, if the employer is unable to meet an abatement date because of uncontrollable events or other circumstances, and the 15-working-day contest period has expired, they may file a Petition for Modification of Abatement (PMA) with the OSHA Area Director. The petition must be in writing and must be submitted as soon as possible, but no later than one working day after the abatement date. To show clearly that the employer has made a good-faith effort to comply, the PMA must include all of the following information before OSHA considers it:
The OSHA Area Director may grant or oppose a PMA. If it is opposed, it automatically becomes a contested case before the Review Commission. If a PMA is granted, OSHA may conduct a monitoring inspection to ensure that conditions are as they have been described and that adequate progress has been made toward abatement. The OSHA Area Office may provide additional information on PMAs.
OSHA assigns abatement dates on the basis of how soon a correction/abatement can be made by the employer when issuing the citation. Failure-to-abate the hazards by the abatement date are calculated per day and can be costly.
However, if the employer is unable to meet an abatement date because of uncontrollable events or other circumstances, and the 15-working-day contest period has expired, they may file a Petition for Modification of Abatement (PMA) with the OSHA Area Director. The petition must be in writing and must be submitted as soon as possible, but no later than one working day after the abatement date. To show clearly that the employer has made a good-faith effort to comply, the PMA must include all of the following information before OSHA considers it:
The OSHA Area Director may grant or oppose a PMA. If it is opposed, it automatically becomes a contested case before the Review Commission. If a PMA is granted, OSHA may conduct a monitoring inspection to ensure that conditions are as they have been described and that adequate progress has been made toward abatement. The OSHA Area Office may provide additional information on PMAs.