Abatement Verification Guide 5


Abatement Verification Guide 5 :

Abatement Certification. (1) What is the difference between abatement certification and abatement documentation? Abatement certification is the "affidavit or signed statement" the employer sends to OSHA. Abatement documentation is the "proof of correction" the employer sends to OSHA as evidence that the hazard has been corrected, such as pictures or receipts or work orders. (2) What does OSHA mean by the phrase "the employer must certify" in paragraph (c)(1) of the regulation? Certification means that the employer must submit a brief signed statement that the hazardous condition(s) has been corrected. (3) How is abatement certification accomplished? An employer or an authorized employer representative must inform OSHA in a signed letter of the abatement actions they have taken. A sample abatement certification letter is available in Appendix A of the regulation. The letter must include the following identifying information: (a) Inspection, citation, and item numbers for each violation. (b) Date of abatement. (c) A statement that the violation was abated. (d) A brief description of how the hazardous condition was abated. (e) A statement informing OSHA that affected employees and their representatives were informed of the abatement actions. (f) A statement that the information provided in the letter is accurate. Abatement Documentation. (4)What is acceptable documentation? Documentation is acceptable if it clearly proves that the violation has been corrected. [The quality or acceptability of documentary evidence will be assessed by OSHA, either during abatement negotiations with the employer or after receipt of the abatement documentation.] OSHA will discuss documentation with you at the inspection closing conference, or when citations are issued. If the documentation you send is not acceptable, OSHA will let you know. (5) Which citations require documentary evidence of abatement in addition to certification? All "willful" and "repeat" violations, and those serious violations for which the Area Director requires such evidence. (6) Are there examples of appropriate documentary evidence of abatement other than those examples provided is the regulation? The regulation does not mandate specific types of documentary evidence of abatement; making this determination is the employer's responsibility. The following types of documentation are generally acceptable: (a) A photograph or videotape of the abated condition. (b) A copy of an invoice or sales receipt for equipment used to achieve abatement. (c) A report by a safety and health professional describing actions taken to abate the hazard or describing the results of analytical testing that substantiates abatement. (d) Documentation from the manufacturer that the article repaired is within the manufacturer's specifications. (e) A copy of a signed contract for goods and services (for example, for needed protective equipment, an evaluation by a safety engineer, etc. (f) Records of training completed by employees (if the citation is related to training). (g) A copy of program documents if the citation relates to a missing or inadequate program, such as a deficiency in the employer's respirator program or hazard communication program. (7) When is an abatement plan required by OSHA? When the abatement period on the citation is more than 90 calendar days and the citation states that an abatement plan is required. (8) For which violations can OSHA require abatement plans? For serious, willful, and repeat violations having abatement periods lasting more than 90 days. (9) Are abatement plans required for other-than-serious violations? No. (10) What happens if an employer asks for more time to abate, and this additional time extends the period of abatement to more than 90 days? The Area Director may require an abatement plan if the violation is a serious, willful, or repeat violation. Your Petition for Modification of Abatement date (PMA) normally would require speaking to the Area Office that issued the citation. Full compliance with the conditions for requesting additional abatement time (See 29 CFR 1903.14a) may convince the Area Director that abatement plans are not needed. See more from topic source: https://www.osha.gov/html/a-z-index.html

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