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Employer Rights 
and Responsibilities 
Following an 
OSHA Inspection 



U.S. Department of Labor 
Alexis M. Herman, Secretary 


OSHA 3000 
1999 (Revised) 



U.S. Department of Labor 
Occupational Safety and Health Administration 


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00001999 N/A 

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Employer Rights and Responsibilities Following an 

OSHA Inspection 

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U.S. Department of Labor Occupational Safety & Health 
Administration 200 Constitution Avenue Washington, 

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OSHA 3000 

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This informational booklet is 
intended to provide a generic, 
non-exhaustive overview of a 
particular standards-related topic. 
This publication does not itself 
alter or detemine compliance 
responsibilities, which are set 
forth in OSHA standards them¬ 
selves, and the Occupational 
Safety and Health Act. Moreover, 
because interpretations and 
enforcement policy may change 
over time, for additional guidance 
on OSHA compliance require¬ 
ments, the reader should consult 
current administrative interpreta¬ 
tions and decisions by the 
Occupational Safety and Health 
Review Commission and the 
courts. 

Material contained in this 
publication is in the public 
domain and may be reproduced, 
fully or partially, without the 
permission of the Federal 
Government. Source credit is 
requested but not required. 


This information will be made 
available to sensory impaired 
individuals upon request. Voice 
phone (202) 693-1999 
Telecommunications Device for 
the Deaf (TDD) message referral 
phone; 1-800 326-2577. 


Employer Rights 
and Responsibilities 
Following an 
OSHA Inspection 

U.S. Department of Labor 
Alexis M. Herman, Secretary 

Occupational Safety and Health Administration 
Charles N. Jeffress, Assistant Secretary 

OSHA 3000 
1999 (Revised) 




Contents 




Page 

What Happens After an OSHA Inspection?. 1 

What Are the Types of Violations?. 3 

Willful.3 

Serious.3 

Repeated.3 

Fixed Establishments.3 

Nonfixed Establishments.4 

Eongshoring Establishments.4 

Other Maritime Establishments. 4 

Other.4 

What Are the Posting Requirements?. 5 

Does the Employer Have Options?. 6 

How Do You Comply?. 7 

What About an Informal Conference 

and Settlement?. 9 

How Do You Contest Citations? . 11 

What Is the Contest Process?. 12 

What Other Steps Can You Take?. 13 

What About Variances?. 14 

What Can Employees Do?. 15 

What About Followup Inspections 

and Failure to Abate?. 16 

What If There Appears to Be Employer 
Discrimination?. 17 

What About Providing False Information?. 18 

What Other Help Does OSHA Provide?. 19 

Safety and Health Program Management 

Guidelines. 19 

State Programs. 19 

Eree Onsite Consultation.20 

Voluntary Protection Programs.21 

Training and Education.21 

Electronic Assistance.22 

Emergencies.23 


Employer Rights and Responsibilities Following an OSHA Inspection 


Contents 

































Page 


OSHA Related Publications .24 

States with Approved Plans .25 

OSHA Consultation Project Directory .30 

OSHA Area Offices. 32 

OSHA Regional Offices. 34 


What Happens After an OSHA 
Inspection? 


This pamphlet contains important information 
regarding your rights and responsibilities under the 
Occupational Safety and Health Act of 1970 (OSH 
Act, Public Law 91-596, as amended by PL. 101-552, 
November 5, 1990). 

An OSHA compliance safety and health officer 
(CSHO) conducts an inspection of your workplace, in 
accordance with the OSH Act. After the inspection, 
the CSHO reports the findings to the Area Director 
who evaluates them. If a violation exists, OSHA will 
issue you a Citation and Notification of Penalty 
detailing the exact nature of the violation(s) and any 
associated penalties (see also OSHA 2098 OSHA 
Inspections). A citation informs you of the alleged 
violation, sets a proposed time period within which to 
correct the violation, and proposes the appropriate 
dollar penalties. 

The information in this booklet can and should be 
used as a discussion guide during your closing 
conference with the OSHA compliance officer. For 
each apparent violation found during the inspection, 
the compliance officer has discussed or will discuss 
the following with you: 

• Nature of the violation, 

• Possible abatement measures you may take 
to correct the violative condition, and 

• Possible abatement dates you may be 
required to meet. 

The CSHO is a highly trained professional who can 
help you recognize and evaluate hazards as well as 
suggest appropriate methods of correcting violations. 
To minimize employee exposure to possible hazard¬ 
ous conditions, abatement efforts should always begin 
as soon as possible. 

Important Note: There are currently 25 states or 
territories administering OSHA-approved safety and 
health plans: 23 of these plans cover the private and 
public (state and local governments) sectors and 
2 cover the public sector only. For more information 


Employer Rights and Responsibilities Following an OSHA Inspection 


What Happens After an OSHA Inspection? 









2 


What Are the Types of Violations? 


3 


on OSHA-approved state plans, see the list of states 
with approved plans at the end of this publication. 
Employers and employees in the 25 states or territo¬ 
ries that operate OSHA-approved workplace safety 
and health plans should check with their state agency. 
Their state may he enforcing standards and other 
procedures that, while “at least as effective as” federal 
standards, are not always identical to the federal 
requirements. For example: 

• Some states have different options and proce¬ 
dures for the employer who believes changes, 
modifications, or deletions of the penalty, 
citation, or abatement dates are needed; 

• Although Federal OSHA recommends that 
employers in general industry, shipbuilding and 
repair, and marine terminal and longshoring 
operations, establish comprehensive workplace 
safety and health programs, some states require 
such programs; and 

• In state plan states, an employee who believes 
he/she has been discriminated against pursuant 
to Section 11(c) of the OSH Act is entitled to file 
a complaint alleging discrimination under both 
state and federal procedures. 

The following general information defines the 
types of violations and explains the actions you may 
take if you receive a citation as the result of an 
inspection. 


Employer Rights and Responsibilities Following an OSHA Inspection 


Willful: A willful violation is defined as a violation 
in which the employer knew that a hazardous condi¬ 
tion existed but made no reasonable effort to eliminate 
it and in which the hazardous condition violated a 
standard, regulation, or the OSH Act. Penalties range 
from $5,000 to $70,000 per willful violation, with a 
minimum penalty of $25,000 for a willful serious 
violation. For employers who operate small firms— 
those with 50 or fewer employees—in no case will the 
proposed penalty be less than the statutory minimum, 
i.e., $5,000. 

Serious: A serious violation exists when the 
workplace hazard could cause an accident or illness 
that would most likely result in death or serious 
physical harm, unless the employer did not know or 
could not have known of the violation. A penalty of 
up to $7,000 for each violation may be proposed. 

Repeated: An employer may be cited for a re¬ 
peated violation if that employer has been cited 
previously for a substantially similar condition and 
the citation has become a final order of the Occupa¬ 
tional Safety and Health Review Commission. A 
citation is currently viewed as a repeated violation if it 
occurs within 3 years either from the date that the 
earlier citation becomes a final order or from the final 
abatement date, whichever is later. Repeated viola¬ 
tions can bring a fine of up to $70,000 for each such 
violation. 

For purposes of determining whether a violation is 
repeated, the following criteria generally apply: 

1. Fixed Establishments: Citations issued to 
employers having fixed establishments (e.g., 
factories, terminals, stores) are not normally 
limited to the cited establishment. A multifacility 
employer, for example, can be cited for a 
repeated violation if the violation recurred at any 
plant nationwide, and if a citation is obtained 
and reveals a repeated violation. 


What Are the Types of Violations? 




4 


2. Nonfixed Establishments: For employers 
engaged in businesses having no fixed establish¬ 
ments (e.g., construction sites, oil and gas 
drilling sites), repeated violations are alleged 
based on prior violations occurring anywhere, 
and at any of his or her identified establishments 
nationwide, based on employer history. 

3. Longshoring Establishments: A longshoring 
establishment covers all longshoring activities of 
a single stevedore within any single port area. 
Longshoring employers are subject to repeated 
violation citations based on prior violations 
occurring anywhere in the nation. 

4. Other Maritime Establishments: Other 
maritime establishments covered by OSHA 
standards (e.g., shipbuilding, ship repairing) are 
generally defined as fixed establishments. (See 1 
above.) 


What Are the Posting Requirements? I 5 


When you receive a Citation and Notification of 
Penalty, you must post the citation (or a copy of it) at 
or near the place where each violation occurred to 
make employees aware of the hazards to which they 
may be exposed. The citation must remain posted for 
3 working days or until the violation is corrected, 
whichever is longer. (Saturdays, Sundays, and Federal 
holidays are not counted as working days.) You must 
comply with these posting requirements even if 
you contest the citation. 

The abatement certification documents—such as 
abatement certifications, abatement plans and 
progress reports—like citations, must be posted at or 
near the place where the violation occurred. For 
moveable equipment found to be in violation and 
where the posting of violations would be difficult or 
impractical, the employer has an option to identify the 
equipment with a “Warning” tag specified in the 
Abatement Verification regulation 29 CFR 1903.19(i). 


A VIOLATION CAN BE CITED AS REPEATED 
IE THE EMPLOYER HAS BEEN CITED EOR 
THE SAME OR A SUBSTANTIALEY SIMILAR 
VIOLATION ANYWHERE IN THE NATION 
WITHIN THE PAST 3 YEARS. 

Other: A violation that has a direct relationship to 
job safety and health, but is not serious in nature, is 
classified as “other.” 


Employer Rights and Responsibilities Following an OSHA Inspection 


What Are the Posting Requirements? 





6 I Does the Employer Have Options? 


As an employer who has been cited, you may take 
either of the following courses of action: 

1. If you agree to the Citation and Notification of 
Penalty, you must correct the condition hy the 
date set in the citation and pay the penalty, if one 
is proposed; 

2. If you do not agree, you have 15 working days 
from the date you receive the citation to contest 
in writing any or all of the following: 

• Citation, 

• Proposed penalty, and/or 

• Abatement date. 

3. OSH A will inform the affected employee 
representatives of the informal conference or 
contest. 

Before deciding on either of these options, you 
may request an Informal Conference with the OS HA 
Area Director to discuss any issues related to the 
Citation and Notification of Penalty. (See Informal 
Conference and Settlement.) 


How Do You Comply? I 7 


For violations you do not contest, you must: 

(1) promptly notify the OSHA Area Director by 
certified letter that you have taken the appropriate 
corrective action within the time set forth in the 
citation, and (2) pay any penalties itemized therein. 

The notification you send the area director is 
referred to as Abatement Certification. For Other- 
Than-Serious violations, a simple signed letter 
identifying the inspection number, the citation item 
number and noting that the violation was corrected by 
the date specified on the citation. For more serious 
violations, i.e.. Serious, Willful, Repeat, or Failure-to- 
Abate, abatement certification requires more detailed 
proof. 

If the employer has abatement questions after the 
inspection, the Area Director shall ensure that addi¬ 
tional information, if available, is obtained and 
provided to the employer as soon as possible. 

Employers can also find guidance on abatement 
verification on OSHA’s web site at http://osha- 
slc.gov/Publications/Abate/abate.html. 

When the citation permits an extended time for 
abatement, you must ensure that employees are 
adequately protected during this time. For example, 
the citation may require the immediate use of personal 
protective equipment by employees while engineering 
controls are being installed. When such is the case and 
where indicated on the citation, you must also provide 
OSHA with an abatement plan (steps you will take to 
protect employees and correct the hazards) and 
periodic progress reports on your actions. 

The penalties itemized on the Citation and Notifi¬ 
cation of Penalty are payable within 15 working days 
of receipt of the penalty notice. If, however, you 
contest the citation or penalty in good faith, abatement 
and payment of penalties for those items contested are 
suspended until the Occupational Safety and Health 
Review Commission reviews your case and issues a 
final order. The Review Commission is an indepen¬ 
dent agency and is not a part of the U.S. Department 
of Labor. The final order of the Commission will 


Employer Rights and Responsibilities Following an OSHA Inspection 


How Do You Comply? 





8 


either uphold, modify, or eliminate the citations 
and/or penalties. Penalties for items not contested, 
however, are still due within 15 working days. (For 
further details, see the section on How to Contest.) 

Payment should he made hy check or money order 
payable to DOL-OSHA. Please indicate on your 
payment the OSHA number from the upper right-hand 
corner of your citation and send it to the OSHA Area 
Office listed on the Citation and Notification of 
Penalty. 


What About an Informal Conference 
and Settlement? 


Before deciding whether to file a Notice of Intent 
to Contest, you may request an Informal Conference 
with the OSHA Area Director to discuss the Citation 
and Notification of Penalty. 

You may use this opportunity to do any of the 
following: 

• Obtain a better explanation of the violations 
cited; 

• Obtain a more complete understanding of the 
specific standards that apply; 

• Negotiate and enter into an Informal Settlement 
Agreement; 

• Discuss ways to correct violations; 

• Discuss problems concerning the abatement 
dates; 

• Discuss problems concerning employee 
safety practices; 

• Resolve disputed citations and penalties, 

(thereby eliminating the need for the more 
formal procedures associated with litigation 
before the Review Commission); and 

• Obtain answers to any other questions you may 
have. 

You are encouraged to take advantage of the 
opportunity to have an Informal Conference if you 
foresee any difficulties in complying with any part of 
the citation. Please note, however, that an Informal 
Conference must he held within the 15 working 
day Notice of Intent to Contest period and will 
neither extend the 15 working day contest period 
nor take the place of the filing of a written notice if 
you desire to contest. Employee representative(s) 
have the right to participate in any Informal Confer¬ 
ence or negotiations between the Regional Adminis¬ 
trator or Area Director and the employer. 

If you agree that the cited violations exist, but you 
have a valid reason for wishing to extend the abate¬ 
ment date(s), you may discuss this with the Area 


Employer Rights and Responsibilities Following an OSHA Inspection 


What About an Informal Conference and Settlement? 




10 


How Do You Contest Citations? 


11 


Director in an Informal Conference. He or she may 
issue an amended citation that changes the abatement 
date prior to the expiration of the 15 working day 
period without your filing a Notice of Intent to 
Contest. 

If you do not contest within 15 working days, your 
citation will become a final order not subject to 
review by any court or agency. After this occurs, the 
OSHA Area Director may continue to provide you 
with information and assistance on how to abate the 
hazards cited in your citation, but may not amend or 
change any citation or penalty which has become a 
final order. The Area Director may only advise you on 
abatement methods or extend the time you need to 
abate the violation. (See Petition for Modification of 
Abatement.) 

Whenever an informal conference is requested by 
the employer, by an affected employee, or by the 
employee representative, the parties shall be afforded 
the opportunity to participate fully. If either party 
chooses not to participate in the informal conference, 
that party forfeits its rights to be consulted prior to 
decisions being made which affect the citations. If the 
requesting party objects to the attendance of the other 
party, separate informal conferences may be held. 
During the conduct of a joint informal conference, 
separate or private discussions shall be permitted if 
either party so requests. Informal conferences may be 
held by any means practical. 


Employer Rights and Responsibilities Following an OSHA Inspection 


If you wish to contest any portion of your citation, 
a Notice of Intent to Contest must be submitted in 
writing within 15 working days after receipt of the 
Citation and Notification of Penalty even if you have 
orally stated your disagreement with a citation, 
penalty, or abatement date during a telephone 
conversation or an Informal Conference. 

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 specific violations, 
are being contested. (For example, “I wish to contest 
the citation and penalty proposed for items 3 and 4 of 
the citation issued June 27, 1990.”) 

Your contest must be made in good faith. A contest 
filed solely to avoid your responsibilities for abate¬ 
ment or payment of penalties will not be considered a 
good-faith contest. 

A proper contest of any item suspends your legal 
obligation to abate and pay until the item contested 
has been administratively resolved. If you contest 
only the penalty, you must still correct all violations 
by the dates indicated on the citation. If only some 
items on the citation are contested, the other items 
must be corrected by the abatement date and the 
corresponding penalties paid within 15 days of 
notification. 

After you file a Notice of Intent to Contest, your 
case is officially in litigation. If you wish to settle the 
case, you may contact the OSHA Area Director who 
will give you the name of the attorney for OSHA 
handling your case. All settlements of contested cases 
are negotiated between you and the attorney accord¬ 
ing to the rules of procedure of the Occupational 
Safety and Health Review Commission. 


How Do You Contest Citations? 




12 


What Is the Contest Process? 


What Other Steps Can You Take? 


13 


If the written Notice of Intent to Contest has been 
filed within the required 15 working days, the OSHA 
Area Director forwards your case to the Occupational 
Safety and Health Review Commission. The Commis¬ 
sion assigns the case to an administrative law judge 
who usually will schedule a hearing in a public place 
close to your workplace. Both employers and employ¬ 
ees have the right to participate in this hearing which 
contains all the elements of a trial, including examina¬ 
tion and cross-examination of witnesses. You may 
choose to represent yourself or be represented by an 
attorney. The administrative law judge may affirm, 
modify, or eliminate any contested items of the 
citation or penalty. 

As with any other legal procedure, there is an 
appeals process. Once the administrative law judge 
has ruled, any party to the case may request a further 
review by the full Review Commission. In addition, 
any of the three commissioners may, on his or her 
own motion, bring the case before the entire Commis¬ 
sion for review. The Commission’s ruling, in turn, 
may be appealed to the U.S. Court of Appeals for the 
circuit in which the case arose or for the circuit where 
the employer has his or her principal office. 


Employer Rights and Responsibilities Following an OSHA Inspection 


Abatement dates are assigned on the basis of the 
best information available at the time the citation is 
issued. When you are unable to meet an abatement 
date because of uncontrollable events or other circum¬ 
stances, and the 15 working day contest period has 
expired, you may file a Petition for Modification of 
Abatement (PMA) with the OSHA Area Director. 

The petition must be in writing and must be 
submitted as soon as possible, but no later than I 
working day after the abatement date. To show clearly 
that you have made a good-faith effort to comply, the 
PMA must include all of the following information 
before it can be considered: 

• Steps you have taken in an effort to achieve 
compliance, and dates they were taken; 

• Additional time you need to comply; 

• Why you need additional time; 

• Interim steps you are taking to safeguard your 
employees against the cited hazard(s) until the 
abatement; 

• A certification 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 
10 working days, during which employees may 
file an objection. 

A PMA may be granted or opposed by the OSHA 
Area Director. If it is opposed, it automatically 
becomes a contested case before the Review Commis¬ 
sion. If a PMA is granted, a monitoring inspection 
may be conducted to ensure that conditions are as 
they have been described and that adequate progress 
toward abatement has been made. Further information 
on PMAs may be obtained from the OSHA Area 
Office. 


What Other Steps Can You Take? 





14 


What About Variances? 


15 


What Can Employees Do? 


In making a determination on a permanent vari¬ 
ance, OSHA reviews the employer’s evidence and, 
where appropriate, arranges a visit to the workplace to 
confirm the circumstances of the application. If the 
request has merit, OSHA may grant a permanent 
variance. Final variance orders detail the employer’s 
specific responsibilities and requirements and explain 
exactly how the employer’s method varies from the 
OSHA requirement. 

You may also apply for a permanent variance 
from a standard if you can prove that your present 
facilities or methods of operation are at least as safe 
and healthful as those required hy the OSHA 
standard. 

If you are unahle to comply with a newly promul¬ 
gated standard because of the unavailability of 
materials, equipment, or professional or technical 
personnel, you may apply to OSHA for a temporary 
variance from the standard. 

To be eligible for a temporary variance, the em¬ 
ployer must put into force an effective program for 
coming into compliance with the standard or regula¬ 
tion as quickly as possible. In the meantime, the 
employer must demonstrate to OSHA that all 
available steps are being taken to safeguard 
employees. 

A temporary variance may be granted for up to 
1 year; it can be renewed twice, each time for 6 
months. 

Please note, however, that whenever an employer 
applies for either a temporary or a permanent vari¬ 
ance, he or she must inform employees of the 
application and of their right to request a hearing. 


Employees or their authorized representatives may 
contest any or all of the abatement dates set for 
violations if they believe them to be unreasonable. A 
written Notice of Intent to Contest must be filed with 
the OSHA Area Director within 15 working days after 
the employer receives the citation. 

The filing of an employee contest does not 
suspend the employer’s obligation to abate. 

Employees also have the right to object to a PMA. 
Such objections must be in writing and must be sent 
to the Area Office within 10 days of service or 
posting. A decision regarding the PMA will not be 
made until the issue is resolved by the Review 
Commission. 


Employer Rights and Responsibilities Following an OSHA Inspection 


What Can Employees Do? 




16 


What About Followup Inspections 
and Failure to Abate? 


What If There Appears to Be 
Employer Discrimination? 


17 


If you receive a citation, a followup inspection may 
be conducted to verify that you have done the 
following: 

• Posted the citation as required, 

• Corrected the violations as required in the 
citation, and/or 

• Adequately protected employees and made ap¬ 
propriate progress in correcting hazards during 
multistep or lengthy abatement periods. 

In addition to providing for penalties for failure-to- 
post citations and failure-to-abate violations, the OSH 
Act clearly states that you have a continuing respon¬ 
sibility to comply with the OSH Act and assure your 
employees of safe and healthful working conditions. 
Any new violations discovered during a followup 
inspection will be cited. 

To achieve abatement by the date set forth in the 
citation, it is important that abatement efforts be 
promptly initiated. 


The OSH Act prohibits employers from discharging 
or otherwise discriminating against an employee who 
has exercised any right under this law, including the 
right to make safety and health complaints or to 
request an OSHA inspection.Complaints from em¬ 
ployees who believe they have been discriminated 
against will be investigated by OSHA. If the investi¬ 
gation discloses probable violations of employee 
rights, court action may follow. 

Employees who believe they have been discrimi¬ 
nated against must file their complaints within 30 
days of the alleged act of discrimination. To obtain 
further information on this matter, employees may 
contact OSHA and inquire about Section 11(c) 
procedures. 


Employer Rights and Responsibilities Following an OSHA Inspection 


What If There Appears to Be Employer Discrimination? 




.. I What About Providing 
° I Raise Information? 


All information reported to OSHA by employers 
and employees must be accurate and truthful. Provid¬ 
ing false information on efforts to abate cited condi¬ 
tions or in required records is punishable under the 
OSH Act. 


What Other Help Does OSHA Provide? I 19 


Safety and Health Program Management 
Guidelines 

Effective management of worker safety and health 
protection is a decisive factor in reducing the extent 
and severity of work-related injuries and illnesses and 
their related costs. To assist employers and employees 
in developing effective safety and health programs, 
OSHA published recommended Safety and Health 
Program Management Guidelines {Federal Register 
54(18): 3908-3916, January 26, 1988). These volun¬ 
tary guidelines apply to all places of employment 
covered by OSHA. 

The guidelines identify four general elements that 
are critical to the development of a successful safety 
and health program: 

• Management commitment and employee 
involvement; 

• Worksite analysis; 

• Hazard prevention and control; and 

• Safety and health training. 


The guidelines recommend specific actions, under 
each of these general elements, to achieve an effective 
safety and health program. A single free copy of the 
guidelines can be obtained from U.S. Department of 
Labor, OSHA/OSHA Publications, PO. Box 37535, 
Washington DC 20210 by sending a self-addressed 
mail label with your request. See also OSHA’s web 
site for this and other standards-related information 
and compliance assistance at www.osha.gov. 

Note: OSHA’s Construction standards. Title 29 
Code of Federal Regulations 1926, require the 
employer to have a program to provide for frequent 
and regular inspections of the job sites, materials, and 
equipment. 


State Programs 

The Occupational Safety and Health Act of 1970 
encourages states to develop and operate their own 


Employer Rights and Responsibilities Following an OSHA Inspection 


What Other Help Does OSHA Provide? 






job safety and health plans. States with plans ap¬ 
proved under section 18(b) of the OSH Act must adopt 
standards and enforce requirements that are at least as 
effective as federal requirements. There are currently 
25 state plan states and territories—23 covering both 
private and public (state and local government) 
employees and two covering public sector employees 
only. Plan states must adopt standards comparable 
(but not necessarily identical) to the federal within 6 
months of a federal standard’s promulgation. Until a 
state standard is promulgated, OSHA will provide 
interim enforcement assistance, as appropriate, in 
these states. A listing of states with approved plans 
appears at the end of this publication. 

Free Onsite Consultation 

Free onsite safety and health consultation services 
are available in all states to employers who want help 
in establishing and maintaining a safe and healthful 
workplace. Primarily developed for smaller employ¬ 
ers with more hazardous operations, the OSHA 
Consultation Service is largely funded by OSHA and 
is delivered by state governments employing profes¬ 
sional safety consultants and health consultants. The 
comprehensive assistance that is offered includes an 
appraisal of all mechanical systems, physical work 
practices, and environmental hazards of the work¬ 
place, and all aspects of the employer’s present job 
safety and health program. In addition, the service 
offers assistance to employers in developing and 
implementing an effective workplace safety and 
health program that corrects and continuously ad¬ 
dresses safety and health concerns. 

This program is completely separate from OSHA’s 
inspection efforts. No penalties are proposed or 
citations issued for any safety or health problems 
identified by the consultant. The service is confiden¬ 
tial. The employer’s name, the firm’s name, and any 
information about the workplace, plus any unsafe or 
unhealthful working conditions that the consultant 


uncovers, will not be reported routinely to the OSHA 
inspection staff. 

The only obligation is the employer’s commitment 
to correct serious job safety and health hazards in a 
timely manner. The employer is asked to make this 
commitment prior to the actual visit. For more 
information on consultation services, see the list of 
state consultation projects at the end of this publica¬ 
tion. 


Voluntary Protection Programs (VPPs) 

The Voluntary Protection Programs (VPPs) are 
designed to recognize and promote effective safety 
and health program management. In the VPP, man¬ 
agement, labor, and OSHA establish cooperative 
relationships at workplaces that have implemented 
strong programs. 

Sites approved for VPP’s Star, Merit, and Demon¬ 
stration programs have met, and must continue to 
meet, rigorous participation standards. Benefits of 
VPP participation include improved employee moti¬ 
vation to work safely, leading to better quality and 
productivity; lost workday case rates that generally 
are 60 per cent to 80 per cent below industry aver¬ 
ages; reduced workers’ compensation and other 
injury- and illness-related costs; positive community 
recognition and interaction; further improvement and 
revitalization of already good safety and health 
programs; and partnership with OSHA. VPPs and 
onsite consultation services, when coupled with an 
effective enforcement program, expand worker 
protection to help meet the goals of the OSH Act. 

For additional information about the VPP, contact 
the VPP Manager in your OSHA Regional Office, 
listed at the end of this publication. 

Training and Education 

OSHA’s area offices offer a variety of informa- 


Employer Rights and Responsibilities Following an OSHA Inspection 


What Other Help Does OSHA Provide? 





22 


tional services, such as publications, audiovisual aids, 
technical advice, and speakers for special engage¬ 
ments. OSHA’s Training Institute in Des Plaines, IL, 
provides basic and advanced courses in safety and 
health for federal and state compliance officers, state 
consultants, federal agency personnel, and private 
sector employers, employees, and their 
representatives. 

The OSHA Training Institute also has established 
OSHA Training Institute Education Centers to address 
the increased demand from the private sector and 
other federal agencies for its courses. These centers 
are nonprofit colleges, universities, and other organi¬ 
zations that have been selected after a competition for 
participation in the program. OSHA also provides 
funds to nonprofit organizations, through grants, to 
conduct workplace training and education in subjects 
where OSHA believes there is a lack of workplace 
training. Grants are awarded annually. Grant recipi¬ 
ents are expected to contribute 20 percent of the total 
grant cost. 

For more information on grants, training, and 
education, contact the OSHA Training Institute, 

Office of Training and Education, 1555 Times Drive, 
Des Plaines, IE 60018, (847) 297-4810, FAX 
(847) 297-4874. 

For further information on any OSHA program, 
contact your nearest OSHA area or regional office 
listed at the end of this publication. 

Electronic Assistance 

Internet —OSHA standards, interpretations, 
directives, technical advisors, compliance assistance, 
and additional information are now on the World 
Wide Web at http://www/osha.gov. 

CD-ROM —A wide variety of OSHA materials 
including standards, interpretations, directives, and 
more can be purchased on CD-ROM from the Gov¬ 
ernment Printing Office. To order, write to the Super¬ 


23 


intendent of Documents, PO. Box 371954, Pittsburgh 
PA 15250-7954. Specify OSHA Regulations, Docu¬ 
ments and Technical Information on CD-ROM, 
(ORDT, S/N729-I300000-5. The price is $43 per year 
($53.75 foreign); single copy $17.00 ($21.25 foreign). 

Emergencies 

For life-threatening situations, call (800) 

321-OSHA. Complaints will go immediately to the 
nearest OSHA area or state office for help. 

For further information on any OSHA program, 
contact your nearest OSHA area or regional office 
listed at the end of this publication. 


Employer Rights and Responsibilities Following an OSHA Inspection 


What Other Help Does OSHA Provide? 




24 


OSHA Related Publications 


States with Approved Plans 


25 


A single free copy of the following publications 
can be obtained from the U.S. Department of Labor, 
OSHA/OSHA Publications, RO. Box 37535, Wash¬ 
ington, DC 20013-7535, (202) 693-1888, FAX (202) 
693-2498. Please enclose a self-addressed mailing 
label with your order. 

All About OSHA— OSnA 2056 

Chemical Hazard Communication —OSHA 3084 

Consultation Services for the Employer 
—OSHA 3047 

How to Prepare for Workplace Emergencies 
—OSHA 3088 


Commissioner 

Alaska Department 
of Labor 

nil West 8th Street 
Room 306 
Juneau, AK 99801 
(907) 465-2700 

Director 

Industrial Commission 
of Arizona 
800 W. Washington 
Phoenix, AZ 85007 
(602) 542-5795 


OSHA: Employee Workplace Rights 
—OSHA 3021 

OSHA Inspections —OSHA 2098 

Recordkeeping Guidelines for Occupational 
Injuries and Illness —0MB No. 1220-0029 

The following publications are available from the 
Superintendent of Documents, U.S. Government 
Printing Office, Washington, DC 20402 (202) 
512-1800, Fax (202) 512-2250, include GPO Order 
No. and make checks payable to Superintendent of 
Documents. Credit card charge (MasterCard and Visa) 
is accepted. All prices subject to change by GPO. 

Hazard Communication Guidelines for Compli¬ 
ance OSHA 3111, ($1). Order No. 029-016-00127-1 

OSHA Handbook for Small Business — 

OSHA 2209 ($4). Order No. 029-016-001-441. 

Job Hazard Analysis —OSHA 3071 ($1). 

Order No. 029-016-00142-5. 


Director 

California Department 
of Industrial Relations 
45 Fremont Street 
San Francisco, CA 94105 
(415) 972-8835 

Commissioner 

Connecticut Department 
of Labor 

Folly Brook Boulevard 
Wethersfield, CT 06109 
(203) 566-5123 

Director 

Hawaii Department 
of Labor and Industrial 
Relations 

830 Punchbowl Street 
Honolulu, HI 96813 
(808) 586-8844 


Hazard Communication—A Compliance Kit — 
(OSHA 3104) A reference guide to step-by-step 
requirements for compliance with the OSHA standard. 
Order No. 029-016-00147-6; $18 - domestic; $22.50 - 
foreign. 


Commissioner 

Indiana Department 
of Labor 

State Office Building 
402 West Washington 
Street 

RoomW195 
Indianapolis, IN 46204 
(317) 232-2378 


Employer Rights and Responsibilities Following an OSHA Inspection 


States with Approved Plans 





Commissioner 

Iowa Division 
of Labor Services 
1000 E. Grand Avenue 
Des Moines, lA 50319 
(515) 281-3447 


Secretary 

New Mexico Envrionment Department 

1190 St. Erancis Drive 

RO. Box 26110 

Santa Ee, NM 87502 

(505) 827-2850 


Secretary 

Kentucky Labor Cabinet 
1047 U.S. Highway, 

127 South, Suite 2 
Frankfort, KY 40601 
(502) 564-3070 

Commissioner 

Maryland Division 
of Labor and Industry 
Department of Labor 
Licensing and Regulation 
1100 N. Eutaw Street 
Room 613 

Baltimore, MD 21201- 2206 
(410) 767-2215 

Director 

Michigan Department 
of Consumer 
and Industry Services 
4th Floor Law Building 
RO. Box 30004 
Lansing, MI 48909 
(517) 373-7230 


Commissioner 

New York Department 
of Labor 

W. Averill Harriman 
State Office Building 12 
Room 500 
Albany, NY 12240 
(518) 457-2741 

Commissioner 

North Carolina 
Department of Labor 
319 Chapanoke Road 
Raleigh, NC 27603 
(919) 662-4585 

Administrator 

Department of Consumer 
and Business Services 
Occupational Safety 
and Health Division 
(OR-OSHA) 

350 Winter Street, NE, Room 430 
Salem, OR 97310-0220 
(503) 378-3272 


Commissioner 

Minnesota Department 
of Labor and Industry 
443 Lafayette Road 
St. Paul, MN 55155 
(612) 296-2342 

Director 

Nevada Division 
of Industrial Relations 
400 West King Street 
Carson City, NV 89703 
(702) 687-3032 


Secretary 

Puerto Rico Department 
of Labor and Human 
Resources 
Prudencio Rivera 
Martinez Building 
505 Munoz Rivera Avenue 
Hato Rey, PR 00918 
(809) 754-2119 


Employer Rights and Responsibilities Following an OSHA Inspection 


States with Approved Plans 






Director 

South Carolina 

Department of Labor, Licensing 
and Regulation 
Roger Office Park, 

Kingstree Building 
110 Centerview Drive 
RO. Box 11329 
Columbia, SC 29210 

(803) 896-4300 

Commissioner 

Tennessee Department 
of Labor 

710 James Robertson 
Parkway 

Nashville, TN 37243-0659 
(615) 741-2582 

Commissioner 

Industrial Commission 
of Utah 

160 East 300 South, 

3rd Floor 

PO. Box 146650 

Salt Lake City, UT 84110- 6650 

(801) 530-6898 

Commissioner 

Vermont Department 
of Labor and Industry 
National Life Building - Drawer 20 
Montpelier, Vermont 05620-3401 

(802) 828-2765 

Commissioner 

Virginia Department 
of Labor and Industry 
Powers-Taylor Building 
13 South 13th Street 
Richmond, VA 23219 

(804) 786-2377 


Commissioner 

Virgin Islands Department of Labor 

2131 Hospital Street 

Christiansted 

St. Croix, VI 00820-4666 

(809) 773-1994 

Director 

Washington Department 
of Labor and Industries 
General Administrative Building 
PO. Box 44001 
Olympia, WA 98504-4001 
(360) 902-4200 

Administrator 

Workers’ Safety 

and Conpensation Division (WSC) 
Wyoming Department 
of Employment 
Herschler Building, 

2nd Floor 

East 122 West 25th Street 
Cheyenne, WY 82002 
(307) 777-7786 


Employer Rights and Responsibilities Following an OSHA Inspection 


States with Approved Plans 





OSHA Consultation Project 
Directory 


state 


Telephone 


Alabama.(205) 348-7136 South Dakota 

Alaska.(907) 269-4957 Tennessee. 

Arizona.(602) 542-5795 Texas. 

Arkansas.(501) 682-4522 Utah. 

California.(415) 972-8515 Vermont. 

Colorado.(970) 491-6151 Virginia. 

Connectieut.(860) 566-4550 Virgin Islands 

Delaware.(302) 761-8219 Washington ... 

District of Columbia.(202) 576-6339 West Virginia 

Florida.(904) 488-3044 Wisconsin. 

Georgia.(404) 894-2643 . 

Guam.011(671)475-0136 Wyoming. 

Hawaii.(808) 586-9100 

Idaho.(208) 385-3283 (H) - Health 

Illinois.(312) 814-2337 (S) - Safety 

Indiana.(317) 232-2688 

Iowa.(515) 965-7162 

Kansas.(913) 296-7476 

Kentucky.(502) 564-6895 

Louisiana.(504) 342-9601 

Maine.(207) 624-6460 

Maryland.(410) 880-4970 

Massachusetts.(617) 727-3982 

Michigan.(517) 332-1817 (H) 

.(517) 322-1809 (S) 

Minnesota.(612) 297-2393 

Mississippi.(601) 987-3981 

Missouri.(314) 751-3403 

Montana.(406) 444-6418 

Nebraska.(402) 471-4717 

Nevada.(702) 486-5016 

New Hampshire.(603) 271-2024 

New Jersey.(609) 292-2424 

New Mexico.(505) 827-4230 

New York.(518) 457-2481 

North Carolina.(919) 662-4644 

North Dakota.(701) 328-5188 

Ohio.(614) 644-2246 

Oklahoma.(405) 528-1500 

Oregon.(503) 378-3272 

Pennsylvania.(412) 357-2561 

Puerto Rico.(787) 754-2188 

Rhode Island.(401) 277-2438 

South Carolina.(803) 896-4300 


(605) 688-4101 
(615) 741-7036 
(512) 440-3809 

(801) 530-7606 

(802) 828-2765 
(804) 786-6359 
(809) 772-1315 
(360) 902-5638 
(304) 558-7890 
(608) 266-8579 (H) 
(414) 521-5063 (S) 
(307) 777-7786 


Employer Rights and Responsibilities Following an OSHA Inspection 


OSHA Consultation Project Directory 




























































32 I OSHA Area Offices 


33 


Area Telephone 

Albany, NY.(518) 464-4338 Indianapolis, IN. 

Albuquerque, NM .(505) 248-5302 Jackson, MS. 

Allentown, PA.(610) 776-0592 Jacksonville, FL. 

Anchorage, AK .(907) 271-5152 Kansas City, MO ... . 

Appleton, WI .(414) 734-4521 Lansing, MI. 

Austin, TX .(512) 916-5783 Little Rock, AR. 

Avenel,NJ .(908) 750-3270 Lubbock, TX. 

Baltimore, MD .(410) 962-2840 Madison, WI. 

Bangor, ME .(207)941-8177 Marlton, NJ. 

Baton Rouge, LA .(504) 389-0474 Methuen, MA. 

Bayside,NY .(718)279-9060 Milwaukee, WI. 

Bellevue, WA.(206) 553-7520 Minneapolis, MN.... 

Billings, MT.(406)247-7494 Mobile, AL. 

Birmingham, AL.(205) 731-1534 Nashville, TN. 

Bismarck, ND.(701) 250-4521 New York, NY. 

Boise, ID.(208) 321 -2960 Norfolk, VA. 

Bowmansville, NY.(716) 684-3891 North Aurora, IL. 

Braintree, MA.(617) 565-6924 Oklahoma City, OK 

Bridgeport, CT.(203) 579-5581 Omaha, NE. 

Calumet City, IL.(708) 891-3800 Parsippany, NJ. 

Carson City, NV.(702) 885-6963 Peoria, IL. 

Charleston, WV.(304) 347-5937 Philadelphia, PA. 

Cincinnati, OH.(513) 841-4132 Phoenix, AZ. 

Cleveland, OH.(216) 522-3 818 Pittsburgh, PA. 

Columbia, SC .(803)765-5904 Portland, OR. 

Columbus, OH.(614) 469-5582 Providence, RI. 

Concord, NH.(603) 225-1629 Raleigh, NC. 

Corpus Christi, TX.(512) 888-3420 Salt Lake City, UT .. 

Dallas, TX.(214) 320-2400 Sacramento, CA. 

Denver, CO.(303) 844-5285 San Diego, CA. 

Des Plaines, IL.(847) 803-4800 Savannah, GA. 

Des Moines, lA.(515) 284-4794 Smyrna, GA. 

Englewood, CO.(303) 843-4500 Springfield, MA. 

Erie, PA.(814) 833-5758 St. Louis, MO. 

Fort Lauderdale, FL.(954) 424-0242 Syracuse, NY. 

Fort Worth, TX.(817) 428-2470 Tampa, FL. 

Frankfort, KY.(502) 227-7024 Tarrytown, NY. 

Harrisburg, PA.(717) 782-3902 Toledo, OH. 

Hartford, CT.(860) 240-3152 Tucker, GA. 

Hasbrouck Heights, NJ.(201) 288-1700 Westbury, NY. 

Guaynabo, PR.(787) 277-1560 Wichita, KS. 

Honolulu, HI.(808) 541-2685 Wilkes Barre, PA .... 

Houston, TX.(281) 286-0583 Wilmington, DE. 

Houston, TX.(281) 591-2438 


(317) 226-7290 

(601) 965-4606 
(904) 232-2895 
(816) 483-9531 
(517)377-1892 
(501)324-6291 
(806) 743-7681 

(608) 264-5388 

(609) 757-5181 
(617) 565-8110 
(414) 297-3315 
(612) 664-5460 
(334) 441-6131 
(615) 781-5423 
(212) 466-2482 
(757) 441-3820 
(630) 896-8700 
(405)231-5351 
(402) 221-3182 
(201) 263-1003 
(309) 671-7033 
(215) 597-4955 

(602) 640-2007 

(412) 395-4903 
(503) 326-2251 
(401) 528-4669 
(919) 856-4770 
(801)487-0073 
(916) 566-7470 
(619) 557-2909 
(912) 652-4393 
(770) 984-8700 

(413) 785-0123 

(314) 425-4249 

(315) 451-0808 
(813) 626-1177 
(914) 524-7510 
(419) 259-7542 
(404) 493-6644 
(516) 334-3344 

(316) 269-6644 
(717) 826-6538 
(302) 573-6115 


Employer Rights and Responsibilities Following an OSHA Inspection 


OSHA Area Offices 



























































































34 I OSHA Regional Offices 


Region I 

(CT,* MA, ME, NH, RI, 
VT*) 

JFK Federal Building 
Room E-340 
Boston, MA 02203 
Telephone: (617) 565-9860 

Region II 

(NJ, NY,* PR,* VI*) 

201 Varick Street 
Room 670 

NewYork, NY 10014 
Telephone (212) 337-2378 

Region III (DC, DE, MD,* 
PA, VA,* WV) 

The Curtis Center 
170 S. Independence 
Mall West 
Suite 740 West 
Philadelphia, PA 19106-3309 
Telephone (215) 861-4900 

Region IV (AL, EL, GA, 
KY,* MS, NC,* SC,* TN*) 
Atlanta Federal Center 
61 Forsyth Street, S.W. 
Room 6T50 
Atlanta, GA 30303 
Telephone (404) 562-2300 

Region V (IL, IN,* MI,* 
MN,* OH, WI) 

230 South Dearborn Street 
Room 3244 
Chicago, IL 60604 
Telephone (312) 353-2220 


Region VI 

(AR, LA, NM,* OK, TX) 
525 Griffin Street 
Room 602 
Dallas, TX 75202 
Telephone: (214) 767-4731 

Region VII 
(lA,* KS, MO, NE) 

City Center Square 
1100 Main Street, Suite 800 
Kansas City, MO 64105 
Telephone: (816) 426-5861 

Region VIII 

(CO, MT, ND, SD, UT,* 

WY,*) 

1999 Broadway, Suite 1690 
Denver, CO 80202-5716 
Telephone: (303) 844-1600 

Region IX 

(American Samoa, AZ,* 
CA,* Guam, HI,* NV,* 
Trust Territories of the 
Pacific) 

71 Stevenson Street 
Room 420 

San Francisco, CA 94105 
Telephone: (415) 975-4310 

Region X 

(AK,* ID, OR,* WA*) 

1111 Third Avenue 
Suite 715 

Seattle, WA 98101-3212 
Telephone: (206) 553-5930 


*These states and territories operate their own OSHA-approved job 
safety and health programs (the Connecticut and New York plans cover 
public employees only). States with approved programs must have a 
standard that is identical to, or at least as effective as, the federal 
standard. 


Employer Rights and Responsibilities Following an OSHA Inspection