Today and tomorrow, we offer a sample of questions sent to the experts at BLR and the answers they provided.
Q. Can OSHA issue citations for equipment that is not being used in a facility, even if it is tagged “out of service?” For example, an old printing press that is no longer used.
A. OSHA citations are issued based on violations of standards or in the absence of a specific standard, the General Duty Clause. If an OSHA inspector determines that a piece of equipment still poses a hazard to employees even if marked “out of service,” a citation could be issued. An out of service tag may not be enough if hazards still remain.
Q. What do I do when I receive an OSHA citation in the mail?
A. When you receive a Citation and Notification of Penalty, you must post the citation (or a copy of it) at or near the place where each violation occurred to make employees aware of the hazards to which they may be exposed. The citation must remain posted for 3 working days or until the violation is corrected, whichever is longer. (Saturdays, Sundays, and Federal holidays are not counted as working days.) You must comply with these posting requirements even if you contest the citation.
The abatement certification documents––such as abatement certifications, abatement plans and progress reports––also must be posted at or near the place where the violation occurred. For moveable equipment found to be in violation and where the posting of violations would be difficult or impractical, the employer has the option to identify the equipment with a “Warning” tag specified in the abatement verification regulation, Title 29 Code of Federal Regulations (CFR) 1903.19(i).
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As an employer who has been cited, you may take either of the following courses of action:
- If you agree to the Citation and Notification of Penalty, you must correct the condition by the date set in the citation and pay the penalty, if one is proposed;
- If you do not agree, you have 15 working days from the date you receive the citation to contest in writing any or all of the following: citation, proposed penalty, and/or the abatement date.
- Before deciding on either of these options, you may request an informal conference with the Director to discuss any issues related to the citation and notification of penalty. OSHA will inform the affected employee representatives of the informal conference or contest.
Q. What is the risk of being out of compliance with OSHA training requirements?
A. In cases where there are specific training requirements in an OSHA rule, OSHA inspectors will definitely cite violations of training. There are more than 55 OSHA safety training rules that specify training for employees before they perform a regulated activity or work with certain hazardous substances.
In cases where hazards are not regulated by a particular OSHA rule and employee training is not specified, OSHA inspectors can issue citations under the general duty clause of the federal safety and health statute. The clause requires an employer to render the workplace free of certain hazards by any feasible and effective means that the employer chooses to apply. In such cases, failure to provide training is one among several factors that can lead to a citation.
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For example, OSHA’s Field Inspection Reference Manual provides the following scenario for its inspectors concerning employee training:
“In a hazardous situation … where the employer has failed to train employees properly, has not installed the proper…equipment, and has improperly installed the equipment that is in place, there are three abatement measures which the employer failed to take.” The failure to provide all 3 abatement measures will be factored in to the citation. In this case, failure to provide training is one of several factors in the decision to issue a citation.