Receiving an OSHA citation can...
Have a negative financial impact
Hurt the company's reputation
Cause a missed deadline
Create time consuming efforts to remedy
Some Questions May Arise.
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Employers must:
Certify that hazards/violations cited by OSHA during an inspection have been
abated. OSHA has provided examples of simple abatement certification
letters that employers may use to certify that they have abated each cited
hazard.
Provide abatement documentation, abatement plans, and progress reports for
some violations.
Inform affected employees and their representatives of the abatement action
the employer has taken.
Allow employees to examine and copy abatement documents sent to OSHA.
Tag cited movable equipment to warn employees of the hazard. Employers
can use tags of their own design or those that are available through OSHA.
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What is abatement?
Abatement is the correction of the safety or health hazard/violation that led to an OSHA
citation.
What is abatement verification?
It is the process by which an employer informs OSHA, affected employees, and their
representatives that a hazard cited by OSHA has been corrected.
What is the difference between abatement certification and abatement documentation?
Abatement certification is the “affidavit or signed statement” the employer sends to
OSHA. Abatement documentation is the “proof of correction” the employer sends to
OSHA as evidence that the hazard has been corrected, such as pictures or receipts or
work orders.
What does OSHA mean by the phrase “the employer must certify” in the regulation?
Certification means that the employer must submit a brief signed statement that the
hazardous condition(s) have been corrected.
How is abatement certification accomplished?
An employer or an authorized employer representative must inform OSHA in a signed letter of the abatement actions they have taken.
The letter must include the following identifying information:
Inspection, citation, and item numbers for each violation.
Date of abatement.
A statement that the violation was abated.
A brief description of how the hazardous condition was abated.
A statement informing OSHA that affected employees and their representatives were informed of the abatement actions.
A statement that the information provided in the letter is accurate.
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Once a Citation is received a company has specific times periods to accomplish their responsibilities:
For Correcting Violations:
90 calendar days -- Minimum period to correct a violation before OSHA can
require an abatement plan.
For Sending Documents to OSHA:
10 Calendar days -- Maximum period after the abatement date to send a
certification document.
25 calendar days -- Maximum period after receiving a citation to send an
abatement plan.
55 calendar days -- Maximum period after receiving a citation to send the first
progress report.
For Employee Notice:
3 working days
Minimum period that abatement-verification documents
have to stay posted.
3 working days -- Maximum period after posting for employees or their
representatives to request to examine and/or copy the documents.
5 working days -- Maximum period to provide the documents to employees
or their representatives after they request them.
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OSHA violations vary depending on frequency, seriousness and company size. Click here to see the penalties from which an employer can face from a violation.
Contact Occupational Safety Consultants. Our services include...
Consultation to fix the hazard
Help with certification of correction
Sending documents to OSHA
Guidance on tagging