OSHA to cite certain violations as ''instance-by-instance''
Effective March 26, OSHA will cite certain types of violations as “instance-by-instance citations.” Updated guidance issued January 26 outlines scenarios in which these types of citations may be issued:
- The employer has received a willful, repeat, or failure to abate violation within the past five years where that classification is current.
- The employer has failed to report a fatality, inpatient hospitalization, amputation, or loss of an eye pursuant to the requirements of 29 CFR 1904.39.
- The proposed citations are related to a fatality/catastrophe.
- The proposed recordkeeping citations are related to injury or illness(es) that occurred as a result of a serious hazard.
Instance-by-instance citations may be applied when the text of the relevant standard allows (such as, but not limited to, per machine, location, entry, or employee), and when the instances of violation cannot be abated by a single method of abatement.
The guidance is limited to high-gravity serious violations in general industry, agriculture, maritime, and construction industries, specific to:
- Falls,
- Trenching,
- Machine guarding,
- Respiratory protection,
- Permit required confined space,
- Lockout tagout, and
- Other-than-serious violations specific to recordkeeping.
The instance-by-instance citation policy was first published in 1990 and currently applies only to egregious willful violations.
In a second action, OSHA reminded its regional administrators and area directors of the current policy allowing them to issue citations per violation, instead of grouping them.
How long does OSHA have to issue a citation once the inspection is completed?
OSHA must issue any citations no later than 6 months following the occurrence of the violation. Often, citations will be mailed much sooner than that, but technically OSHA does have 6 months — the average is usually around 50 days from the opening conference.
Will OSHA ask to see a facility’s self-inspection records during an inspection?
OSHA has never officially stated that they will not use self-audits. However, in a final policy published in the Federal Register, OSHA stated that the agency will not “routinely” request to see self-audit reports at the initiation of an inspection, and the agency will not use self-audit reports as a means of identifying hazards upon which to focus during an inspection.
OSHA has also stated that where a voluntary self-audit identifies a hazardous condition, and the employer has corrected the condition prior to the inspection and taken appropriate steps to prevent recurrence, the Agency will refrain from issuing a citation, even if the violative condition existed within the six months limitations period during which OSHA is authorized to issue citations.
Will OSHA ask to see a facility's "self audit" or "self inspection" records to use against that facility during an inspection?
OSHA has never officially stated that they will not use self-audits. However, in a final policy published in the Federal Register (65:46498-46503), OSHA stated that the Agency will not “routinely” request to see self-audit reports at the initiation of an inspection, and the Agency will not use self-audit reports as a means of identifying hazards upon which to focus during an inspection.
OSHA has also stated that where a voluntary self-audit identifies a hazardous condition, and the employer has corrected the condition prior to the inspection and taken appropriate steps to prevent recurrence, the Agency will refrain from issuing a citation, even if the violative condition existed within the six months limitations period during which OSHA is authorized to issue citations.