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DOL/OSHA

RIN: 1218-AB40

Publication ID: Fall 1995

Title: Abatement Verification (Hazard Correction)
Abstract: A critical element of OSHA's comprehensive enforcement strategy under the Occupational Safety and Health Act is assurance that employers have abated cited hazards. A May 1991, General Accounting Office report entitled, "Options to Improve Hazard-Abatement Procedures in the Workplace," pointed out deficiencies in OSHA's abatement verification procedures and how they could be improved. The Department of Labor Inspector General, as well as OSHA's internal audits, also identified similar problems. Currently, unless an employer voluntarily complies with OSHA's request to submit documentation, OSHA has no means to require employers to submit proof of hazard abatement. From 1972 to the present, OSHA has implemented several administrative measures to induce employers to provide abatement documentation, but at least 30 percent of cited employers still do not voluntarily do so. OSHA's April 19, 1994, proposal (29 FR 18508) would require cited employers to provide hazard abatement documentations. The NPRM addresses the kinds of evidence to be required, what notice to employees is needed, potential penalties for non-reporting, possible certification forms for compliance, and other questions.
Agency: Department of Labor(DOL)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
CFR Citation: 29 CFR 1903
Legal Authority: 29 USC 657 29 USC 658 5 USC 553

Timetable:

Action	Date	FR Cite
NPRM	04/19/1994	59 FR 18508
NPRM Comment Period End	07/18/1994
Final Action	12/00/1995

Additional Information: RFA: Y
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: State
Included in the Regulatory Plan: No
Agency Contact: Raymond E. Donnelly Director, General Industry Compliance Assistance Department of Labor Occupational Safety and Health Administration Room N3119, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 693-6100