Correcting “Seriousâ€? Violations Serious violations require abatement certiďŹ cation to contain more detailed proof. The ABATEMENT DATE ITSELF ABATEMENTS DESCRIBED IN THE &EBRUARY ISSUE MAY BE CONTESTed if you are unable to meet that deadline for action because of uncontrollable events or other circumstances. To do this, you must ďŹ le a Petition for ModiďŹ cation of Abatement with the OSHA area director. The petition must be in writing and must be submitted as soon as possible, but no later than one working day after the prescribed abatement date. In addition, to show clearly that you have made a good faith effort to comply, the Petition for ModiďŹ cation of Abatement must include all of the following information before OSHA considers it: A 3TEPS YOU HAVE TAKEN TO ACHIEVE COMPLIANCE AND DATES THOSE STEPS WERE TAKEN B !DDITIONAL TIME YOU NEED TO COMPLY C !N EXPLANATION OF WHY YOU NEED ADDITIONAL TIME (d) Interim steps you are taking to safeguard your employees against the CITED HAZARD S UNTIL THE ABATEMENT IS COMPLETED AND (e) A certiďŹ cation that the petition has been posted, the date of posting and, when appropriate, a statement that the petition has been furnished to an authorized representative of the affected employees. The petition must remain posted for WORKING DAYS DURING WHICH EMPLOYEES MAY lLE AN OBJECTION
Obviously, the best course of action is to avoid all these time-consuming and costly procedures by ensuring that your facility and your delivery methods are in compliance with the regulations. More on Contesting OSHA Citations Once again, for the record, if you want to contest any portion of your citation, you must submit a Notice of Intent to Contest in writing to the OSHA area ofďŹ ce within 15 working days after receipt of the Citation and NotiďŹ cation of Penalty. (I recommend sending a certiďŹ ed letter with acknowledgment of receipt.) This requirement applies even if you have voiced your disagreement with a citation, penalty or abatement date during a telephone conversation or an informal conference. Obtaining appropriate, experienced legal counsel is recommended if such citation involves a large penalty against your single (or multiple) locations. No matter what course of action you choose, understand that it is going to cost you a considerable amount of time––yours and that of your ofďŹ ce staff––and money. The Notice of Intent to Contest must clearly state what is being contested––the citation, the penalty, the abatement date or any combination of these factors. In addition, the NOTICE MUST STATE WHETHER ALL THE VIOLATIONS ON THE CITATION OR JUST SPECIlC VIOLATIONS ARE being contested. From a legal standpoint, a proper contest of any item suspends your obligation to abate and pay until the item contested has been resolved. But keep in mind, if you contest only the dates indicated on the citation or if you contest only some items on the citation, you are not off the hook on any other items. You must correct any items you are not contesting by the abatement date. Once you have received OSHA citations, you will be involved in “bureaucracy at work,â€? including conferences, possibly being required to submit more documents, presenting your case before governmental hearing boards, etc. Prior to this stage regarding your right to contest, I repeat, it would be wise to obtain experienced and appropriate legal counsel. Editor’s note: Research for this column was obtained through www.osha.gov and www.oshainfo. gatech.edu. Compliance with the regulations of any city, state or federal agency is an important issue for survival in business. It is recommended that owners (or managers) of burial vault companies be proactive in knowing what regulations apply and how to be in compliance with them.
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