Modification of abatement date

An employer can file a petition for modification of abatement date when it has made a good faith effort to comply but has not completed abatement because of factors beyond its reasonable control. See 1903.14a(a).

• Examples of "factors beyond reasonable control" are further explained in paragraph (b)(3) of the rule and commonly include things like unavailable materials or necessary construction delays. See 1903.14a(b)(3).
• To show you made a "good faith effort," prepare evidence of the steps you took and the dates for those efforts as required by 1903.14a(b)(1).

A written petition must include a description of all steps taken (with dates) to achieve compliance, the specific extra time needed, the reasons the extra time is necessary, interim safeguards you are using, and a certification that the petition was posted and served where appropriate. See 1903.14a(b) and its subparts 1903.14a(b)(1) through 1903.14a(b)(5).

• Provide clear dates, documents, and proof (orders, contracts, emails) for each step claimed.
• State the exact calendar time requested (days or dates) and explain why that period is necessary.

Acceptable evidence includes dated records showing the actions you took and when you took them—such as purchase orders, contracts, work orders, delivery notices, training logs, photographs, inspection reports, and correspondence with vendors or contractors. See 1903.14a(b)(1).

• Organize evidence chronologically and reference it in the petition so the Area Director can verify your good faith efforts.
• If work required professional services, include engagement letters, scheduling notices, or invoices to show attempts to secure help.

You should state the specific additional abatement time needed in clear terms (for example, X calendar days or until a specific date) and explain how that period will be used to complete abatement. See 1903.14a(b)(2).

• Provide a realistic schedule or timeline (milestones and completion date).
• If you request time for staged work, identify which portions of abatement will be completed by each milestone.

Reasons that support additional abatement time include unavailability of professional or technical personnel, scarcity or delayed delivery of materials and equipment, or necessary construction or alteration that cannot be finished by the original abatement date. See 1903.14a(b)(3).

• Provide documentary proof of shortages or scheduling delays (vendor responses, delivery estimates, contractor schedules).
• Explain why the issue was not avoidable through earlier planning to demonstrate the delay was beyond your reasonable control.

You must describe all available interim steps you are taking to safeguard employees, such as administrative controls, signage, engineering controls that can be implemented quickly, use of personal protective equipment, restricted access, or temporary guards. See 1903.14a(b)(4).

• Be specific about the measures, who is responsible, and how long they will remain in place.
• Include training or communication actions (e.g., toolbox talks, written procedures) and records showing they occurred.

A copy of the petition must be posted in a conspicuous place where affected employees will see it (or near the violation location) for ten working days, and if employees are represented, their authorized representative must be served; the petition must include a certification of the posting and the date it was posted or served. See 1903.14a(b)(5) and 1903.14a(c)(1).

• Post the petition where notices are customarily posted or where employees will see it; do not cover or obscure it (see OSHA's poster display guidance at https://www.osha.gov/laws-regs/standardinterpretations/2023-06-15).
• In the petition, state the date(s) and location of posting and how the authorized representative (if any) was served.

A petition must be filed in writing with the Area Director who issued the citation no later than the close of the next working day after the original abatement date. See 1903.14a(c).

• If you cannot file by that deadline, file as soon as possible and include an explanation of the exceptional circumstances that caused the delay (see the late-filing rule below).

If the petition is filed late, the employer must include a statement of exceptional circumstances explaining why the filing was delayed. See 1903.14a(c).

• "Exceptional circumstances" should be documented (for example, medical emergencies, natural disasters, or other verifiable events) and tied to why timely filing was impossible despite your efforts.

The posted petition must remain posted in a conspicuous place for ten (10) working days. See 1903.14a(c)(1).

• Keep a record of the posting dates and, if possible, photographs showing the petition in place to support your certification under 1903.14a(b)(5).

Affected employees or their representatives may file a written objection with the Area Director within ten (10) working days of posting or service; if they fail to do so within that period, they waive any further right to object. See 1903.14a(c)(2).

• If employees timely object, the petition becomes contested and will be handled as provided in paragraph (d).
• Maintain proof of posting and service so that deadlines and potential waivers are clear.

The Secretary (or authorized agent) has authority to approve petitions, but he or she will not exercise that approval until 15 working days have passed from the date the petition was posted or served; uncontested petitions approved by the Secretary become final orders under sections 10(a) and 10(c) of the Act. See 1903.14a(c)(3) and 1903.14a(c)(4).

• During the 15-working-day period employees or the Secretary may file objections; if none are filed, approval can be issued and becomes a final order.

If the Secretary or affected employees object to the petition, the petition, the citation, and any objections will be forwarded to the Commission within three (3) working days after the 15-working-day posting/service period expires. See 1903.14a(d).

• Forwarding to the Commission begins the contest/ adjudication process, so be prepared to support the factual basis of your petition with your documentation.

When an employer has properly filed a notice of contest, the obligation to abate that citation is generally suspended until adjudication or settlement, so a petition for modification of abatement date is typically unnecessary while the citation is under contest. See OSHA's policy on contesting citations at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11 and review 1903.14a.

• OSHA generally will not issue a duplicate citation for the exact same condition while it is under contest, but OSHA may take other enforcement actions (for example, for imminent dangers).
• If you are unsure whether to file a petition while contesting, consult with the Regional Solicitor’s Office and your Area Director as suggested in OSHA guidance.

Yes — the petition must be in writing, and it must include a certification stating that a copy was posted and, if appropriate, served on the authorized representative of affected employees, plus the date of posting/service. See 1903.14a(b) and 1903.14a(c)(1).

• The certification should state the exact date(s), location(s) of posting, and the method of service to the representative (mail, hand-delivery, email if agreed), and be signed by a responsible employer official.

You should document your attempts to obtain materials or technical help (orders, vendor emails, quotes, scheduling attempts), implement interim protective measures for employees, calculate a realistic additional time request, and file a written petition with those documents and a posting certification. See 1903.14a(b)(1)–(4).

• Keep dated proof of all vendor contacts and delivery estimates to support a claim of unavailability under 1903.14a(b)(3).

You must post the petition in a conspicuous place where affected employees will have notice, or near where the violation occurred, and ensure it remains visible for ten working days; when wall space or traditional posting locations are not available, post where workers customarily gather or where notices are accessible. See 1903.14a(c)(1) and OSHA poster guidance at https://www.osha.gov/laws-regs/standardinterpretations/1998-05-22-1 and https://www.osha.gov/laws-regs/standardinterpretations/2023-06-15.

• Do not cover the posting or make employees hunt for it; OSHA requires notices to be readily observable and not covered.
• Document the alternative posting location and keep photographic proof and witness statements if using a nontraditional spot.

Yes — the petition should specify the exact additional abatement time necessary and may address staged or partial abatement by describing which parts will be completed by particular dates. See 1903.14a(b)(2) and 1903.14a(b)(1).

• Provide a clear timetable and evidence showing how each staged action advances toward full abatement.

If an objection is filed within the ten working day posting period, the petition becomes contested and the matter will be handled according to 1903.14a(d), which provides for forwarding the petition, citation, and objections to the Commission after the 15-working-day period. See 1903.14a(c)(2) and 1903.14a(d).

• Be prepared to support the factual basis of your petition with the evidence you submitted (steps taken, reasons for delay, interim protections).

Useful documentation includes contractor schedules, change orders, building permits, inspection delays, correspondence showing contractor unavailability, and dated photos of work progress—these support claims under 1903.14a(b)(3) and the step-by-step proof required by 1903.14a(b)(1).

• Attach vendor/contractor responses and any permits showing timelines beyond your control.

The Secretary or authorized representative will not approve a petition until 15 working days have passed from the date the petition was posted or served; during that period employees or the Secretary may file objections, and the employer should be prepared that the petition will be contested if objections are filed. See 1903.14a(c)(4) and 1903.14a(c)(3).

• If no objections are filed and the petition is approved after the 15-working-day period, the approval becomes a final order as explained in 1903.14a(c)(3).