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Occupational Safety & Health: OSHA Policy Changes Needed to Confirm That Employers Abate Serious Hazards

HRD-91-35 Published: May 08, 1991. Publicly Released: May 23, 1991.
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Highlights

Pursuant to a congressional request, GAO assessed the Occupational Safety and Health Administration's (OSHA) policies and procedures for confirming whether employers abated hazards it identified during inspections.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Labor The Secretary of Labor should direct OSHA to promulgate a regulation requiring employers to submit detailed evidence of what corrective actions have been taken to abate hazards.
Closed – Implemented
OSHA issued the abatement verification regulation (29 C.F.R. 1903) on March 31, 1997. The regulation requires employers, effective May 30, 1997, to certify to OSHA that the abatement of hazards cited during an inspection has been completed.
Department of Labor The Secretary of Labor should direct OSHA to revise its policies so that: (1) citations to employers at construction work sites require correcting the condition, equipment, or procedure that created the hazard; and (2) abatement cannot be achieved solely by moving to another location if the cited condition, equipment, or procedure would be likely to create a hazard at the new location.
Closed – Implemented
GAO's recommendation sought to improve OSHA's ability to ensure that employers take corrective measures to abate identified workplace safety and health hazards. OSHA's actions satisfied the intent of this recommendation. OSHA issued an Abatement Verification Final Rule that specifies what requirements employers must follow to certify that they have abated an identified hazard. In the rule, OSHA also required that any movable equipment subject of a citation remains tagged as a hazard until the hazard has been abated, which prohibits employers from merely moving a piece of equipment as a way to abate the hazard. OSHA further required, in a May 1998 directive supporting the Abatement Verification Rule, that even when employers abate a hazard by closing a site or completing a construction project, they must certify that the hazard has been abated. OSHA will only allow site closures as an acceptable method of abatement without certification if OSHA has directly verified the site closure.

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Topics

Construction industryHealth hazardsInspectionOccupational health standardsOccupational safetyReporting requirementsSafety standardsWorking conditionsConstructionHealth care