Abatement of unsafe conditions

Prompt abatement means the agency must correct unsafe or unhealthful conditions without unnecessary delay, and when OSHA issues a Notice of an Unsafe or Unhealthful Working Condition, abatement must be completed within the time stated on the notice or according to an established abatement plan. See 1960.30(a).

• If the Notice sets a specific abatement date, the agency must meet that date unless a compliant abatement plan under 1960.30(c) is prepared and accepted.
• Failure to abate on time can trigger follow-up procedures described in 1960.30(b).

An establishment must promptly prepare a written abatement plan when the official in charge judges that abatement cannot be completed within 30 calendar days. The plan must explain the delay, provide a timetable for abatement, and summarize interim steps to protect employees. See 1960.30(c).

• The plan must be prepared with appropriate participation of the establishment’s Safety and Health Official or a designee.
• A copy must be sent to the safety and health committee or, if none exists, to the employee representative.
• Any changes require preparing a new plan under the same 1960.30(c) requirements.

The employer must conduct follow-up, as necessary, to verify that corrections were made, and if the follow-up shows the correction was not made or not done according to the abatement plan, the official in charge and the safety and health committee must be notified of the failure to abate. See 1960.30(b).

• Follow-up can include inspections, testing, or documentation review sufficient to confirm abatement.
• Notification must go to the establishment official and the appropriate safety and health committee so further action or escalation can occur.

When abatement exceeds the establishment's authority or resources, the official in charge must request assistance from the appropriate higher authority and inform the local safety and health official, any established committee or employee representatives, and all personnel subject to the hazard about the request and interim protections. See 1960.30(d).

• Keep affected workers and representatives advised of interim protective measures and subsequent progress on the abatement plan.
• Document the request for assistance and communications to involved parties to show the agency took steps to address the hazard.

If abatement requires help from GSA or another Federal lessor agency, the occupant agency must work with that lessor agency to secure abatement and follow coordination procedures in subpart E of Part 1960. See 1960.30(e).

• Notify and coordinate promptly with the lessor agency to remove or mitigate the hazard.
• Use the procedures in subpart E to document roles, schedules, and interim worker protections while awaiting abatement.

OSHA will use the verification procedures included in the private sector guidelines at 29 CFR 1903.19 to verify Federal agency abatement. See 1960.30(f) and 1903.19.

• Expect OSHA to follow the inspection, follow-up, and verification steps in 1903.19 when confirming abatement of cited hazards.
• Maintain documentation of corrective actions and abatement communications to present during verification.

Filing a properly filed notice of contest generally suspends the obligation to abate the specific cited condition and to pay penalties until the matter is adjudicated or settled, but OSHA may still take enforcement actions for imminent dangers. See OSHA's policy on contesting citations at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11 and the general verification rule 1960.30(f).

• OSHA normally ceases investigatory activities once an employer files a notice of contest, per the Field Operations Manual guidance cited in the LOI.
• OSHA reserves the right to seek relief or issue additional citations if an imminent danger exists despite the contest.
• Keep records showing actions taken and communications to demonstrate good faith efforts to protect workers while the contest proceeds.

The official in charge must promptly prepare the abatement plan with appropriate participation of the establishment's Safety and Health Official or a designee, and a copy of the plan must be sent to the safety and health committee or, if no committee exists, to the employee representative. See 1960.30(c).

• "Appropriate participation" means involving officials who can review hazards, timelines, and interim protections.
• Sending the plan to employee representatives ensures transparency and worker involvement in the abatement strategy.

Yes; the abatement plan must summarize steps being taken in the interim to protect employees from injury while abatement is delayed. See 1960.30(c).

• Interim measures can include engineering controls, administrative changes (e.g., restricted access or work scheduling), personal protective equipment, and signage.
• Document interim measures with dates and responsible parties to show the agency is managing risk until full abatement is achieved.

If follow-up indicates the correction was not made or not carried out according to the abatement plan, the official in charge and the appropriate safety and health committee must be notified of the failure to abate, as required by 1960.30(b).

• After notification, the establishment should document corrective actions taken to remedy the failure and update or replace the abatement plan if necessary under 1960.30(c).
• Timely communication to the safety and health committee allows escalation to higher authorities per 1960.30(d).

Under 1960.30(d), the official in charge must request assistance from higher authority and advise the local safety and health official, any established committee and/or employee representatives, and all personnel subject to the hazard about the request and interim protections.

• Keep affected workers informed of interim protective measures and progress updates.
• Document the request for assistance and all notifications to show due diligence in pursuing abatement.

Any changes in an abatement plan require the preparation of a new plan that complies with the requirements of 1960.30(c), including explanation of the change, a new timetable, and interim protections.

• Do not simply append amendments; prepare and distribute a new plan to the safety and health committee or employee representative as required.
• Treat modifications as a new planning event to maintain clear documentation and worker notification.

Under 1960.30(e), the occupant agency must act with the lessor to secure abatement; if the lessor refuses, the occupant agency should escalate per coordination procedures in subpart E and document efforts to obtain compliance.

• Notify the lessor in writing and follow the subpart E coordination procedures to seek resolution.
• Maintain records of communications and interim employee protections while working to obtain abatement through the lessor or higher authority.

OSHA can pursue enforcement and verification actions, including seeking immediate abatement measures, under its inspection authority and the verification procedures in 1960.30(f) and 1903.19 if hazards remain unaddressed—especially for imminent danger situations.

• Even if the agency has requested higher-level assistance, OSHA may take steps to verify abatement or require the agency to demonstrate interim protections are in place.
• If a condition presents imminent danger, OSHA retains authority to seek relief despite internal agency escalation (see OSHA's enforcement policies in the contesting citations LOI at https://www.osha.gov/laws-regs/standardinterpretations/2023-09-11).

The official in charge of the establishment is ultimately responsible for ensuring prompt abatement or for initiating abatement plans and seeking assistance when necessary, as described in 1960.30(a)-(d).

• That official must prepare abatement plans when abatement exceeds 30 days (1960.30(c)).
• They also must request assistance from higher authority when resources or authority are insufficient (1960.30(d)).
• The safety and health committee and employee representatives must be kept informed throughout the process.