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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

OSHA to cite certain violations as “instance-by-instance”

January 31, 2023

Effective March 26, OSHA will cite certain types of violations as “instance-by-instance citations.” Updated guidance issued January 26 outlines scenarios in which these types of citations may be issued:

  • The employer has received a willful, repeat, or failure to abate violation within the past five years where that classification is current.
  • The employer has failed to report a fatality, inpatient hospitalization, amputation, or loss of an eye pursuant to the requirements of 29 CFR 1904.39.
  • The proposed citations are related to a fatality/catastrophe.
  • The proposed recordkeeping citations are related to injury or illness(es) that occurred as a result of a serious hazard.

Instance-by-instance citations may be applied when the text of the relevant standard allows (such as, but not limited to, per machine, location, entry, or employee), and when the instances of violation cannot be abated by a single method of abatement.

The guidance is limited to high-gravity serious violations in general industry, agriculture, maritime, and construction industries, specific to:

  • Falls,
  • Trenching,
  • Machine guarding,
  • Respiratory protection,
  • Permit required confined space,
  • Lockout tagout, and
  • Other-than-serious violations specific to recordkeeping.

The instance-by-instance citation policy was first published in 1990 and currently applies only to egregious willful violations.

In a second action, OSHA reminded its regional administrators and area directors of the current policy allowing them to issue citations per violation, instead of grouping them.


Publish Date

January 31, 2023

Author

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Type

Industry News

Industries

Communications, Education, Personal Services, Public Administration, Food Services, Manufacturing (31/Food/Textiles), Repair Services, Manufacturing (33/Durable), Utilities, Agriculture, Postal/Courier Services, Professional Services, Warehousing, General Services, Real Estate, Retail, Wholesale Distribution, Mining, Healthcare, Hospitality, Manufacturing (32/Non-Durable), Transportation, Construction, Entertainment, Waste Management, Commercial Services, Financial/Insurance

Related Topics

Enforcement and Audits - OSHA

Governing Bodies

Occupational Safety and Health Administration (OSHA), DOL

Citations

r29CFR1904.39