When an employer has been cited by OSHA for a violation of a regulation or standard, there is a certification process that must be followed to comply. Abatement certifications require the employer to provide documented corrective actions fixing the violation identified within a time frame determined by the Agency.
Scope
OSHA inspections are intended to identify hazards with the result of fixing, or abating, the hazard to protect workers. Abatement applies to employers who receive citations after an inspection.
This summary of requirements identifies OSHA’s procedures to make sure the violations are corrected. The steps are dependent on the type of violation and what the employer does to fix it.
Key definitions
- Abatement: Action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by OSHA during an inspection.
- Affected employees: Employees who are exposed to the hazard(s) identified as a violation in a citation.
- Contested abatement date: The later of the date identified in the final order for abatement, or by adding the period allowed in the citation for abatement to the final order date, or by the date established in a formal settlement agreement.
- Contested final order date: The 30th day after the date on which a decision of an administrative law judge has been filed. In cases under review, the abatement date is the 30th day after the date on which the OSHRC issues its decision, or if a federal appeals court is involved to affirm the violation, then the abatement date is set on the date of the court’s decision.
- Movable equipment: Hand-held or non-hand-held machine or device, powered or unpowered, that is used to do work and is moved within or between worksites.
- OSHRC: The Occupational Safety and Health Review Commission (OSHRC) is an independent federal agency in the United States that handles cases related to workplace safety and health.
- Uncontested abatement date: The later of the date noted in the citation for the violation or the date approved by OSHA, established in litigation through a petition for modification, or determined through an informal settlement.
- Uncontested final order date: The 15th working day after the employer’s receipt of the citation.
Summary of requirements
The standard establishes requirements that employers must follow when abating a citation for violations of the OSH Act. The requirements from the standard are summarized below:
- Certification:
- Within 10 calendar days after the abatement date, the employer must inform OSHA that each cited violation has been corrected.
- Employers are exempt from certifying abatement if the OSHA Compliance Officer, during the on-site inspection, observes that abatement has occurred within 24 hours after identifying a violation and notes it in the citation.
- The employer’s certification of abatement completion for each cited violation must include:
- The date and method of abatement.
- A statement confirming that affected employees and their representatives have been informed of the abatement.
- Documentation:
- The citation will specify if documentation is required for each willful or repeat violation and any serious violation.
- Documents can include various forms of evidence such as:
- Proof of equipment purchase or repair,
- Photographic or video evidence showing the abatement measures, and/or
- Other written records confirming the correction of violations.
- Plans:
- The citation will specify if a plan is required.
- Typically required if the time for abatement exceeds 90 days excluding other-than-serious violations.
- Employers must submit the plan within 25 calendar days from the final order date, as indicated in the citation.
- The abatement plan should include:
- Outline of the violation,
- Steps necessary for correction,
- Schedule for completion, and
- Measures to protect employees from the violation until the abatement is done.
- Progress reports:
- The citation will specify when progress reports are required and will include the initial report date required. Also, the citation will include information if additional reports are necessary when those would need to be submitted.
- The reports must contain information on the dates, and in one or two sentences the actions taken when progress was made on the abatement.
- Notifying employees of abatement activities:
- Post copies of abatement documents or summaries near the location of the violation or in a location readily available to inform affected employees and their representatives.
- Inform employees or representatives they can request to examine documents within three working days of notice, and the employer must comply within five working days.
- Abatement documents must not be altered, defaced, or covered. They should remain posted for three working days after submission to the Agency.
- Additional requirements for movable equipment:
- Attach a warning tag or a copy of the citation to the operating controls or the cited component of the movable equipment.
- Use a warning tag that effectively informs employees about the violation’s nature and identifies the citation’s location.
- Attach immediately for hand-held equipment or before moving non-hand-held equipment within or between worksites unless the violation has been abated,
- Must not be altered, defaced, or covered by other material,
- Remain attached until the violation is abated, and verification documents are submitted, the cited equipment is permanently removed, or OSHRC issues a final order vacating the citation.
- Transmitting documents:
- The postmarked date serves as the submission date for mailed documents. For documents sent through other means, the date the Agency receives the document is considered the submission date.
- Include the following information in the submission:
- Employer’s name and address;
- Inspection number, citation, and item numbers related to the submission;
- A statement verifying the accuracy of the submitted information; and
- Signature of the employer or their authorized representative.
