Can Abating Employers Be Cited By Osha?

Can employers be cited by OSHA?

Introduction

The Occupational Safety and Health Act of 1970 (OSHA) is a federal law that establishes and enforces safety and health standards in American workplaces. OSHA's primary goal is to establish standards for workplace safety and health to prevent workplace injuries, diseases, and deaths. One of the major aspects of OSHA's enforcement is the citation process. OSHA inspectors can issue citations to employers who violate OSHA standards. These citations can carry significant penalties, including fines and potential criminal charges. In some cases, employers may be cited for failing to abate a hazard after being cited by OSHA. This may occur when an employer fails to take steps to correct the hazard within the time frame specified by OSHA.

What is Abatement?

Abatement is the process of eliminating or reducing a hazard in the workplace. When OSHA issues a citation for a violation, the citation will typically specify a time frame within which the employer must abate the hazard. The time frame for abatement will vary depending on the severity of the hazard. For example, if the hazard is considered an immediate threat to employees, the employer may be required to abate the hazard immediately. Otherwise, the employer may be given a longer deadline to abate the hazard.

Can employers be cited by OSHA for failure to abate?

Yes, employers can be cited by OSHA for failure to abate. This may occur when the employer fails to abate the hazard within the time frame specified by OSHA. OSHA may issue a citation for failure to abate if the employer:
* Fails to take any steps to abate the hazard
* Does not take sufficient steps to abate the hazard
* Fails to complete the abatement process within the specified time frame

Penalties for failure to abate

The penalties for failure to abate can be significant. OSHA may impose a fine of up to $13,653 per day for each day that the violation continues.

Defenses to failure to abate citations

There are several defenses that employers can raise to a citation for failure to abate. These defenses include:
* The employer took all reasonable steps to abate the hazard
* The hazard was not abated due to circumstances beyond the employer's control
* The employer did not know about the hazard

How to avoid failure to abate citations

The best way to avoid failure to abate citations is to take prompt and effective action to abate any hazard identified by OSHA.
* Develop a written abatement plan
* Assign a qualified person to oversee the abatement
* Implement the abatement plan in a timely manner
* Document all abatement activities

Conclusion

Failure to abate citations can be a serious matter. Employers who fail to abate hazards within the time frame specified by OSHA may face significant penalties. Employers can avoid failure to abate citations by taking prompt and effective action to abate any hazard identified by OSHA.