Main Content
Citations and the Inspection Process
As noted in the introductory readings in Chapter 1, after the CSHO files a report, the area director decides whether to issue a citation, computes any penalties to be assessed, and sets the date by which the violation must be corrected, called the “abatement” period. If a citation is issued, it is sent to the employer as soon as possible after the inspection, but in no event can it be more than six months after the alleged violation occurred. Citations must be in writing and must describe with particularity the violations alleged, including the relevant standards and regulations. If the citation does not meet these standards, it can be dismissed in subsequent proceedings. Remember: if there is a specific standard that is violated, the citation will be issued under that standard; if there is no specific standard, the employer may be cited under the general duty clause. Either way, the citation will name the specific violation, set a level (willful, serious, etc.) and a penalty.
Please look over the sample citations that are included below. Note that if the citation is not contested, it becomes final. Although these specific citations are not recent, the general format and requirements remain the same.
Think about what your reaction would be if you were the employer. Note that you would have 15 days in which to decide whether to context the citation, simply comply with it, or engage in a settlement discussion with the OSHA office. What do you think you would do? Pay attention to the format of the communication to the employer. This is what the employer receives if the inspector finds violations. You can find many examples of this if you simply search for OSHA + citations.
You can also research employers and industries through use of the OSHA data bases.
For information about any employer (establishment), go to the establishment search page: https://www.osha.gov/pls/imis/establishment.html. This page enables the user to search for OSHA enforcement inspections by the name of the establishment. Information may also be obtained for a specified inspection or inspections within a specified SIC (industrial code). For a more recent and comprehensive way to access OSHA data, see https://enforcedata.dol.gov/homePage.php
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.