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OSHA 1903.16

Citation posting requirements

14 Questions & Answers
10 Interpretations

Questions & Answers

Under 1903.16(a), where must I post an OSHA citation after receiving it?

You must immediately post the unedited citation at or near each place the alleged violation occurred, or if that is impracticable, in a prominent place readily observable by all affected employees. For details on exceptions for dispersed operations and where employees report, see 1903.16(a) and the example referencing dispersed operations in 1903.2(b). You must also take steps to ensure the citation is not altered, defaced, or covered by other material, and you do not need to post notices of de minimis violations 1903.16(a).

Under 1903.16(b), how long must a citation remain posted?

A citation must remain posted until the violation has been abated, or for 3 working days, whichever period is longer. The filing of a notice of intention to contest under 1903.17 does not suspend your posting obligation unless the Review Commission issues a final order vacating the citation, as stated in 1903.16(b).

Under 1903.16(c), can I tell employees that I am contesting a citation and describe abatement steps?

Yes — under 1903.16(c) you may post a notice in the same location indicating the citation is being contested before the Review Commission and may explain reasons for the contest and steps already taken to abate the violation. Make sure that any contest notice does not replace or cover the required unedited citation itself 1903.16(a).

If I decide to contest a citation, does that stop my obligation to post it under 1903.16(b)?

No — filing a notice of contest does not stop your posting responsibility unless and until the Review Commission issues a final order vacating the citation. The posting requirement remains in effect during contest proceedings as explained in 1903.16(b). For OSHA's enforcement policy on actions while a citation is under contest, see the Policy on contesting citations letter of interpretation.

Under 1903.16(a), what if my workplace is spread out or employees don't report to a single location — where do I post citations?

If employees are physically dispersed or do not primarily report to a single location, you should post the citation at the location to which employees report each day or at the base from which they operate so it will be readily observable by all affected employees. See the examples in 1903.16(a) and the related discussion of dispersed operations in 1903.2(b).

Are employers required to post notices for de minimis violations under 1903.16(a)?

No — notices of de minimis violations do not need to be posted. The regulation explicitly states that notices of de minimis violations need not be posted 1903.16(a).

What penalties can I face for failing to comply with the posting rules in 1903.16(a) and (b)?

An employer who fails to comply with paragraphs (a) and (b) of 1903.16 is subject to citation and penalty under 1903.15(d). See 1903.16(d) for the statutory connection to enforcement and penalties.

Can I post OSHA required notices electronically (for example, on a looping TV screen) instead of posting physical copies under 1903.2 and 1903.16?

No — intermittent or looping electronic displays alone do not meet the requirement that OSHA notices be readily available and accessible to employees at all times. OSHA has said the notices must be posted in a conspicuous place and readily observable, and electronic looping displays without a physical posted copy are not sufficient; post physical copies near the monitor or another conspicuous location to comply (1903.2 and the Electronic posting requirements letter of interpretation).

Under 1903.16(a), can I stack or cover the OSHA poster with other documents in a poster hanger to save wall space?

No — you must ensure OSHA notices are not covered by other material and remain readily observable; covering them with other documents or stacking them so workers must search to find them does not meet the requirement. OSHA's poster display requirements explain that notices must not be altered, defaced, or covered, consistent with 1903.2.

If a citation alleges the same condition at the same location that I am already contesting, will OSHA issue another citation while my contest is pending?

OSHA generally will not issue an additional citation for the exact same condition, equipment, and location while the prior citation is under contest, but it reserves the right to take enforcement actions it deems necessary, including seeking relief for imminent danger conditions. See the Policy on contesting citations letter of interpretation and remember your posting obligations remain under 1903.16(b) unless the citation is vacated by the Review Commission.

Under 1903.16(a), what must I do to ensure the citation is not altered, defaced, or covered by other material?

You must place the unedited citation where employees can see it and take reasonable steps to prevent anyone from removing, defacing, or covering it — for example, posting in a protected bulletin board, checking the posting regularly, and preventing other notices from overlapping it. The requirement to prevent alteration, defacement, or coverage is explicit in 1903.16(a) and relates to the general posting rule in 1903.2.

Under 1903.16(a), if my employees work in mobile or temporary sites, where is an acceptable place to post a citation?

For mobile or temporary operations where posting at each worksite is impracticable, you should post the citation at a prominent location where affected employees report each day or at the location from which they operate so it is readily observable, as described in 1903.16(a) and the guidance on establishments in 1903.2.

Under 1903.16(b), does the posting period change if I promptly abate a condition the same day I receive the citation?

If the violation is abated immediately, the citation still must remain posted for at least 3 working days unless the abatement period is longer; the rule requires posting until abatement or for 3 working days, whichever is later, per 1903.16(b).

How does 1903.16 interact with the contest process in 1903.17 when I want to both contest a citation and show employees I’ve fixed the hazard?

You must keep the citation posted as required by 1903.16(b), and you may also post a separate notice explaining that the citation is being contested and detailing steps taken to abate the hazard under 1903.16(c); filing a contest under 1903.17 does not suspend the posting requirement unless the Review Commission vacates the citation. For OSHA’s discussion of enforcement while matters are under contest, see the Policy on contesting citations letter of interpretation.