Abatement means the employer's action to comply with a cited standard or to eliminate a recognized hazard identified by OSHA during an inspection. See the definition at 1903.19(b)(1).
For an uncontested citation item, the abatement date is the later of the date listed on the citation, the date OSHA approves or litigation establishes after a PMA, or the date set in an informal settlement agreement. See 1903.19(b)(2)(i) and its subparts 1903.19(b)(2)(i)(A), 1903.19(b)(2)(i)(B), and 1903.19(b)(2)(i)(C).
For a contested citation item where the Occupational Safety and Health Review Commission issues a final order affirming the violation, the abatement date is the later of the date identified in the final order or the date computed by adding the period allowed in the citation to the final order date; a formal settlement agreement date may also control. See 1903.19(b)(2)(ii) and subparts 1903.19(b)(2)(ii)(A), 1903.19(b)(2)(ii)(B), and 1903.19(b)(2)(ii)(C).
An employer must certify to OSHA within 10 calendar days after the abatement date that each cited violation has been abated, unless an exception applies. See 1903.19(c)(1).
The employer is not required to certify abatement if the OSHA Compliance Officer observed abatement on-site within 24 hours after the violation was identified and noted in the citation that abatement has occurred. See 1903.19(c)(2) and subparts 1903.19(c)(2)(i) and 1903.19(c)(2)(ii).
An abatement certification must state, for each cited violation, the date and method of abatement and confirm that affected employees and their representatives were informed, in addition to the information required by [1903.19(h)]. See 1903.19(c)(3) and 1903.19(h).
For each willful or repeat violation and for any serious violation where the citation specifies, the employer must submit documents demonstrating that abatement is complete along with the abatement certification. See 1903.19(d)(1) and examples in 1903.19(d)(2).
OSHA may require an abatement plan for any cited violation (except other-than-serious) when the abatement time allowed is more than 90 calendar days, and the employer must submit the plan within 25 calendar days from the final order date if the citation indicates a plan is required. See 1903.19(e)(1) and 1903.19(e)(2).
When OSHA requires an abatement plan, the Agency may also require periodic progress reports; each progress report must identify the action taken to achieve abatement and the date the action was taken, preferably in a single sentence. See 1903.19(f)(1) and 1903.19(f)(2).
The employer must inform affected employees and their representatives by posting a copy of each document submitted to OSHA (or a summary) near where the violation occurred, or by other effective means when posting would not inform them. See 1903.19(g)(1) and 1903.19(g)(2).
An employee or employee representative must request to examine and copy abatement documents within 3 working days of receiving notice that the documents were submitted, and the employer must comply within 5 working days of receiving the request. See 1903.19(g)(3)(i) and 1903.19(g)(3)(ii).
Notice to employees and their representatives must be provided at the same time or before information is provided to OSHA, and abatement documents must remain posted for three working days after submission to the Agency. See 1903.19(g)(4) and 1903.19(g)(4)(ii).
Each abatement submission must include the employer's name and address, the inspection number, the citation and item numbers, a statement that the information is accurate, and the signature of the employer or an authorized representative. See 1903.19(h)(1).
For mailed documents the postmark date is the date of submission; for documents transmitted by other means, the date OSHA receives the document is the date of submission. See 1903.19(h)(2).
For serious, repeat, and willful violations involving movable equipment, the employer must attach a warning tag or a copy of the citation to the operating controls or cited component; for hand-held equipment this must be done immediately after the employer receives the citation, and for non-hand-held equipment before moving it within or between worksites. See 1903.19(i)(1) and 1903.19(i)(3).
A tag designed and used in accordance with 29 CFR 1926.20(b)(3) and 1926.200(h) is deemed to meet 1903.19(i) when it includes the information required by [1903.19(i)(2)].
The tag or copy of the citation must not be altered, defaced, or covered, and must remain attached until the violation has been abated and all required abatement verification documents are submitted to OSHA, the cited equipment is permanently removed or no longer under the employer's control, or the Commission issues a final order vacating the citation. See 1903.19(i)(5) and 1903.19(i)(6) with its subparts 1903.19(i)(6)(i), 1903.19(i)(6)(ii), and 1903.19(i)(6)(iii).
For an uncontested citation item, the final order date is the fifteenth working day after the employer's receipt of the citation; for contested items the final order date depends on docketing and commission review timelines as specified in [1903.19(b)(4)]. See 1903.19(b)(4)(i) and 1903.19(b)(4)(ii) with its subparts.
An abatement plan must identify the violation, the steps to achieve abatement (including a schedule for completing abatement), and, where necessary, how employees will be protected from exposure to the violative condition until abatement is complete. See 1903.19(e)(2).
The initial progress report may be required no sooner than 30 calendar days after the abatement plan is submitted. See 1903.19(f)(1)(ii).
Yes; Appendix A contains a sample Abatement Certification Letter that employers may use as a model for certifying abatement as required in [1903.19(c)]. See the note to paragraph (c) referencing Appendix A and 1903.19(c).
Each progress report must identify, preferably in a single sentence, the action taken to achieve abatement and the date the action was taken. See 1903.19(f)(2).