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Survive the Abatement Process in 5 Steps Part 2

Our OSHA defense attorneys know that mistakes happen and even the most cautious construction employer may face an OSHA violation at one point or another. Receiving an OSHA citation is not an employer’s proudest moment; however, all is not lost. Once OSHA issues you a Citation and Notification of Penalty, you should have some understanding of the nature of the violation, a time period for correcting the violation, and possible penalties. In this section, we will discuss steps two and three. If you have not already, read part one of the article and read part three where we discuss the last two steps.

Step 2: Certify

The next step of compliance is to ensure that you notify OSHA of the violation correction. You must send a signed Abatement Certification to your OSHA area director. This letter will specify information such as the inspection, citation, and violation item numbers. It will also include a statement of abatement, how the hazard was abated, and the date it was completed. More serious violations will require a more detailed abatement letter whereas other-than-serious violations will only require a signed letter with the inspection number, the citation item number, and the violation correction date.

Step 3: Notify

After notifying OSHA, you must notify your employees and their representatives that the hazard has been fixed. You will notify them by posting a copy of the Abatement Certification letter sent to OSHA for at least three days. Depending on your workplace, other means of notification are acceptable, including placing a copy of the certification letter in pay envelopes, discussing the abatement certification during a meeting with your employees, posting the document at the site of the hazard, or publishing the information in a company newsletter.

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Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.