Despite your best efforts, there’s probably something in your workplace right now that an OSHA inspector could cite. Maybe it was lower on your list of priorities, or maybe it was just something that you had missed—but the important thing, once it’s cited, is to get it taken care of quickly. Always move a cited issue to the top of your to-do list. If you don’t, you run the risk of being cited again for the same violation.
You can be cited again for the same violation if you never fix it in the first place (“failure to abate” a violation), or if you fix it and it reoccurs (a “repeat” violation). The best way to prevent this type of double jeopardy, of course, is to fix the problem—by the date that OSHA specifies.
Pay Attention to Abatement Dates
When you receive an OSHA citation, it will include an abatement date—a date by which you are supposed to correct the cited violation. Most abatement dates will be within 30 days of the date of the citation; an inspector will not offer an abatement period longer than 30 days without a compelling, documentable reason. You must:
- Correct the condition in that period, or
- Contest the abatement date, or
- Petition for a modification of the abatement date.
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To contest the abatement date, you must file a notice of contest within 15 working days of the date of the citation
To petition for a modification of the abatement date, you must have made a good-faith effort to correct the cited condition but failed for reasons beyond your control (perhaps a necessary part has been backordered). A petition for modification can be filed as late as the day after the abatement date.
Pay Attention to Abatement Plan Requirements
For serious, willful, and repeat violations having an abatement period of longer than 90 days, OSHA can require you to file an abatement plan. If an abatement plan is required, you have 25 calendar days after receiving the citation to send OSHA an abatement plan.
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For long-term abatement projects, OSHA may also require progress reports concerning abatement activities. The citation will tell you if progress reports are required. If progress reports are required, you have 55 calendar days after receiving the citation to send OSHA your first progress report. You can use the same form for the progress report and the abatement plan.
What happens if you don’t get everything fixed—or get an extension of your abatement date—in time? Tomorrow we’ll look at “failure to abate” citations and “repeat” citations—how they’re different from each other, and what the consequences are for your workplace. (Hint: They’re not good!)