OSHA’s timeline of when they must conclude the investigation 29 USC 658(c) states, “No citation may be issued under this section after the expiration of six months following the occurrence of any violation.”
If the additional inspection’s findings are related to the first one such as an accident leading to a hospitalization, the 6-month statute of limitations continues. But suppose the second inspection reveals new findings. In that case, each new additional finding has its 6-month statute of limitation in which OSHA must take enforcement action and issue a civil penalty or not.
However, the trigger isn’t the inspection activity itself because OSHA may perform a follow-up inspection related to the same violation. Rather, the trigger is the violation finding itself that triggers a 6-month statute of limitations for OSHA to take enforcement action.
OSHA can’t extend the 6-month statute of limitations from an accident. However, if the violation of the standard still exists, such as an unprotected side or edge that hasn’t been corrected after a recordable fall, even if it is months after an accident.