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:

• Steps taken to achieve compliance, and dates they were taken;
• Additional time needed to comply;
• Why additional time is needed;
• Interim steps being taken to safeguard employees against the cited hazard(s) until the abatement;
• A certification that the petition has been posted, the date of posting and, when appropriate, a statement that the petition has been furnished to an authorized representative of the affected employees. The petition must remain posted for 10 working days, during which employees may file an objection.

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.