Citations and de minimis violations

The Area Director must issue either a citation or a notice of de minimis violations when, after reviewing the Compliance Safety and Health Officer's report, the Area Director believes the employer violated section 5 of the Act or any applicable standard, rule, or order; this should be done with reasonable promptness after the inspection ends.

• The Area Director may consult with the Regional Solicitor if appropriate before issuing the citation or notice.
• A citation or notice should be issued even if the employer immediately abates or begins to abate the alleged violation after being informed by the CSHO.

See the requirement in 1903.14(a).

No citation may be issued after the expiration of six months following the occurrence of the alleged violation.

• This six-month limitation applies to the issuance of citations under the section.

See 1903.14(b).

Every citation must describe the alleged violation with particularity, including a reference to the specific provision(s) of the Act, standard, rule, regulation, or order alleged to have been violated, and it must set a reasonable time or times for abatement of the alleged violation.

• Be sure the citation separately identifies the nature of the violation and the abatement deadline(s) so the employer clearly understands what must be corrected and by when.

See 1903.14(b).

If OSHA issues a citation or notice of de minimis violations for an alleged violation that was the subject of a request for inspection under 1903.11(a) or a notification under 1903.11(c), OSHA must also send a copy of that citation or notice to the employee (or the employee representative) who made the request or notification.

• This ensures the complaining party is kept informed of OSHA’s findings and actions.

See 1903.14(c) and the triggering provisions in 1903.11(a).

If the Area Director determines a citation is not warranted for a danger or violation alleged in a request for inspection under 1903.11(a) or a notification under 1903.11(c), the matter goes to the informal review procedures in 1903.12(a), and the Assistant Regional Director will consider the case and either affirm the Area Director’s determination, order a reinspection, or issue a citation.

• The Assistant Regional Director must consider all views presented during the informal review before making the decision.

See 1903.14(d) and 1903.12(a).

The Assistant Regional Director must furnish the complaining party and the employer with a written notification of the determination and the reasons for it, and that determination is final and not subject to further review.

• The written notice must explain why the Assistant Regional Director affirmed, ordered a reinspection, or issued a citation.

See 1903.14(e).

No — the issuance of a citation does not itself constitute a finding that a violation has occurred unless the employer fails to contest the citation as provided in the Act or, if the citation is contested, the citation is affirmed by the Review Commission.

• In other words, a citation starts the administrative process, but final legal determination may depend on contest and adjudication.

See 1903.14(e).

OSHA may cite the employer if the employee who performed the rescue was designated or assigned by the employer to perform or assist in rescue operations and the employer failed to protect that employee’s safety and health, including failing to provide appropriate training and rescue equipment.

• This means employers who assign rescue responsibilities must ensure those employees have training, equipment, and protections required for safe rescue operations.

See 1903.14(f)(1)(i) and 1903.14(f)(1)(ii).

OSHA may cite the employer if the employee was directed by the employer to perform rescue activities in the course of carrying out the employee’s job duties and the employer failed to provide protection for the employee’s safety and health, including appropriate training and rescue equipment.

• If rescue activity is a required part of a worker’s job, the employer must treat rescue as a foreseeable hazard and provide necessary protections.

See 1903.14(f)(2)(i) and 1903.14(f)(2)(ii).

OSHA may cite the employer when a non-designated employee voluntarily attempts a rescue in a workplace where life‑threatening accidents are foreseeable (for example confined spaces, trenches, hazardous waste operations, emergency responders, excavations, or work over water) if the employer failed to instruct non-designated employees not to attempt rescue, failed to explain rescue arrangements, and failed to explain the hazards of attempting rescue without training or equipment.

• Employers in workplaces with foreseeable life‑threatening risks must communicate rescue arrangements and expressly instruct employees who are not trained or assigned for rescue not to attempt it.

See 1903.14(f)(3)(i), 1903.14(f)(3)(ii), and 1903.14(f)(3)(iii).

For purposes of 1903.14(f), “imminent danger” means any condition or practice that could reasonably be expected to cause death or serious physical harm before the condition or practice can be abated.

• This definition guides when OSHA may take immediate enforcement action or treat rescue situations as requiring prompt protective measures.

See 1903.14(f)(4).

OSHA generally will not issue an additional citation for the exact same condition, equipment, and location where a previously issued citation is properly under contest, but OSHA reserves the right to take enforcement actions (including seeking relief for imminent danger) when necessary to protect workers.

• The Letter of Interpretation explains OSHA usually ceases investigatory activity once a notice of contest is filed and that abatement and penalty obligations for contested items are suspended until adjudication, but OSHA may still act if an imminent danger exists.

See the OSHA Letter of Interpretation, Policy on contesting citations (Sept. 11, 2023).

Yes — even if the employer immediately abates or starts abatement after being informed of the alleged violation by the Compliance Safety and Health Officer, the Area Director must still issue an appropriate citation or a notice of de minimis violations when warranted.

• Immediate abatement does not prevent issuance of a citation if the Area Director believes a violation occurred.

See 1903.14(a).

Any citation or notice of de minimis violations must be issued with reasonable promptness after termination of the inspection.

• Timely issuance helps ensure the employer and employees learn OSHA’s conclusions while facts and records are still current.

See 1903.14(a).