Imminent danger procedures

An imminent danger is a condition or practice that a Compliance Safety and Health Officer (CSHO) reasonably believes could cause death or serious physical harm immediately or before normal enforcement can eliminate it. The regulation defines imminent danger as hazards that threaten death or serious injury right away or sooner than enforcement actions could fix them (1903.13).

• A CSHO determines imminence based on the likely severity (death or serious harm) and the timeframe for potential harm.
• This is an enforcement concept used when immediate protective steps, including recommending civil action, are appropriate.

A Compliance Safety and Health Officer (CSHO) may conclude during an inspection that conditions or practices constitute an imminent danger and must act accordingly. The standard specifically directs the CSHO to inform affected employees and employers when such conditions are found (1903.13).

• The declaration is an on-the-spot judgment by the inspecting CSHO based on the observed conditions and the risk of death or serious harm.

If a CSHO concludes an imminent danger exists, they must tell the affected employees and the employer about the danger and inform them that OSHA is recommending a civil action to stop the dangerous condition. The rule requires the CSHO to notify both employees and employers and to recommend appropriate civil relief under section 13(a) of the OSH Act (1903.13).

• The CSHO may also issue appropriate citations and notices of proposed penalties even if the employer immediately abates the danger after notification.

Yes — OSHA can still issue appropriate citations and notices of proposed penalties for an imminent danger even if the employer immediately eliminates it after being informed. The standard states that citations and proposed penalties may be issued with respect to an imminent danger despite immediate abatement by the employer (1903.13).

• Immediate abatement does not prevent OSHA from documenting and issuing enforcement actions for the condition that gave rise to the imminent danger finding.

OSHA can recommend a civil action to restrain the dangerous conditions and seek other appropriate relief under section 13(a) of the OSH Act. The standard explicitly says the CSHO will recommend civil action to stop the imminent danger and pursue appropriate relief (1903.13).

• "Appropriate relief" can include court orders to stop dangerous practices immediately, along with other remedies the court finds suitable.

Yes — the CSHO must inform the affected employees (and the employer) that an imminent danger exists. The regulation directs the CSHO to inform the affected employees and employers of the danger and OSHA's recommendation to seek civil relief (1903.13).

• The notice should be direct and timely so employees understand the hazard and any immediate steps they should take to protect themselves.

Yes — OSHA generally will not reissue a citation for the exact same condition that is under contest, but it reserves the right to take enforcement actions, including seeking relief for imminent dangers, if necessary to protect workers. The 2023 letter explains OSHA normally ceases investigation during a contest but may pursue actions under its imminent danger authority and may issue citations where appropriate (Policy on contesting citations; see also 1903.13).

• If a condition is under contest, abatement and penalties for that citation are suspended until final adjudication, but OSHA can act immediately when worker safety requires urgent intervention.

No — a CSHO will recommend a civil action to restrain imminent danger when they conclude it's necessary, but filing a court action is not automatic; it depends on the circumstances and agency decisions. The regulation says the CSHO shall inform affected parties and that he is recommending a civil action for appropriate relief (1903.13).

• The recommendation starts the process for possible court action; whether OSHA pursues litigation depends on factors like the severity and persistence of the hazard and available alternatives for immediate protection.

OSHA can accept immediate abatement but is not required to forgo enforcement; the agency may still issue citations or recommend civil relief if the CSHO judged the danger to be imminent. The standard notes citations and notices of proposed penalties may be issued even if the employer eliminates the imminence after being informed (1903.13).

• Immediate action by the employer can reduce the need for court orders, but OSHA retains authority to document and pursue additional enforcement as appropriate.

Affected employees are the workers who are exposed to or could be harmed by the dangerous condition or practice identified as imminent. The standard requires the CSHO to inform the affected employees and the employer of the imminent danger (1903.13).

• "Affected" means anyone who works in the area or job where the hazard exists or whose work tasks put them at risk from the condition.

OSHA's imminent danger determination does not remove the ability to issue appropriate citations and proposed penalties; the agency may still propose penalties for the hazardous condition even if it was immediately abated. The standard explicitly permits issuing citations and notices of proposed penalties with respect to an imminent danger (1903.13).

• The imminent danger finding focuses on immediate protection of workers rather than on penalty limits, though penalties follow normal citation procedures.

Yes — OSHA's other enforcement programs, such as follow-up inspections in high-gravity cases, can be used alongside imminent danger findings to verify abatement and prevent recurrence. For example, OSHA's Enhanced Enforcement Policy and follow-up procedures may apply where serious hazards or noncompliance are identified (Enhanced Enforcement Policy; see also 1903.13).

• Agencies may perform on-site follow-ups or require documentation of abatement depending on the gravity and employer history.

No — contesting a citation pauses abatement and penalty obligations for that cited item, but OSHA can still take enforcement actions to protect workers, including using its imminent danger authority if a hazard threatens immediate harm. The 2023 interpretation explains OSHA generally will not reissue identical citations under contest but may pursue necessary enforcement, including imminent danger relief (Policy on contesting citations; see also 1903.13).

• Employers should not assume a notice of contest prevents OSHA from acting to stop immediate hazards.

The standard does not prescribe a specific method, but it requires the CSHO to inform affected employees and employers of the imminent danger; the communication should be clear and timely so workers understand the risk. The rule simply states the CSHO shall inform affected employees and employers of the danger and the recommendation for civil action (1903.13).

• Practical methods include in-person briefings, written notices posted where employees can see them, or immediate removal from hazardous tasks until the hazard is controlled.

OSHA may use imminent danger authority and other enforcement tools across multiple worksites when worker safety requires action, but it generally will not reissue an identical citation for the same condition that is under contest; however, it can pursue appropriate enforcement if different locations or conditions present imminent hazards. The 2023 letter explains OSHA normally refrains from citing the exact same condition under contest but reserves the right to take necessary enforcement, including seeking imminent danger relief (Policy on contesting citations; see also 1903.13).

• If a separate site has the same dangerous practice and poses immediate threat, OSHA can act at that site independently to protect workers.