(f)
An Example of Combining SAVEs.
1 29 CFR 1910.215(a)(4):
Grinding machinery was not used with work rest(s) to
support off-hand grinding work:
Date of Violation: 12/29/83
Location: Northwest Corner of
Machine Shop
Equipment: Black and Decker Bench
Grinder, Serial # 24693
Condition: Work rest not provided
2 29 CFR 1910.215(a)(4): Work rest(s) on grinding machines were not adjusted closely
to the wheel with a maximum opening of one-eighth
inch:
Date of Violation: 12/29/83
Location: Northwest Corner of
Machine Shop
Equipment: Shopcraft Stand Grinder,
Serial # 10096
Condition: Work Rest 1" From
Left Wheel.
3 29 CFR 1910.215(a)(4):
Grinding machinery was not used with work rest(s) to
support off-hand grinding work and/or work rest(s) on
grinding machines were not adjusted closely to the
wheel with a maximum opening of one-eighth inch:
Date of Violation: 12/29/83
Location: Northwest Corner of
Machine Shop
Equipment: Black and Decker Bench
Grinder, Serial # 2469
(g)
An Example of Combining and Grouping SAVEs. The alleged violations below have been
grouped because they involve similar or related hazards
that may increase the potential for (injury resulting
from an accident) or (illness).
1a 29 CFR 1910.107(b)(1): Spray booth(s) were not substantially constructed of steel,
concrete or masonry:
Date of Violation: 12/29/83
Location: Paint Shop, Wood Constructed Paint
Spray Booth
1b 29 CFR 1910.107(b)(5)(i):
The average air velocity over the open face of the
paint spray booth(s) was less than 100 linear feet per
minute and there were no visible gauge(s), audible
alarm(s) or pressure activated device(s) installed on
paint spray booth(s) to indicate or ensure that the
required air velocity was maintained:
Date of Violation: 12/29/83
Location: Paint Shop, Paint Spray
Booth
Condition: 60 Linear Feet Per
Minute.
1c 29 CFR 1910.107(c)(7):
Electric lamps outside of but within 20 feet of
spraying area(s), and not separated therefrom by a
partition(s), were not protected from physical damage
by suitable guards or by location:
Date of Violation: 12/29/83
Location: 10 Linear Feet From the
Northwest Corner of Paint Spray Booth
Condition: Large Finished 4'x 8'
Panels were Handled and Stacked Directly Beneath
Lights 9' Above the Floor.
(7) Citing Health Violations. In general,
health citations are structured in the same manner as
illustrated in the examples given in B.2.b(6)(a) through
(f). Health citations have certain characteristics that need
to be highlighted.
(a)
Citations. Health citations shall
have items numbered identifying each standard violated.
Within each item cited, instances observed which relate
to that item shall be listed.
1 When one or more employees
are exposed to different contaminants in 29 CFR
1910.1000 one item shall describe the violations of
the different contaminants. For example, overexposure
to iron oxide fume (on a welder) and zinc oxide fume
(on a ladle operator) or overexposure (on a pourer) to
both iron oxide and zinc oxide fumes would be two
separate instances, but would result in one item with
only one penalty on one serious citation.
2 When more than one employee
is exposed to the same hazard, the operations would be
listed as separate instances. For example,
overexposure to silica at different operations (sand
slinger, shakeout operator, and muller) would result
in one item with three instances and one penalty on a
serious citation.
3 When one or more employees
are exposed to several contaminants covered by several
standards, separate items shall describe the
violations of the different contaminants. For example,
overexposure to lead, silica and iron oxide on one
employee would result in three separate items and
three separate penalties on three separate serious
citations.
(b) Specific Instructions. When using SAVEs for health
citations, the CO/IH must include the exposure levels found during
sampling for hazardous substances or for physical hazards and the dates on
which the sampling was performed (Date of Violation).
(c) Examples. The use of health SAVEs is illustrated in
the following examples:
1 SAVE for a Standard With a
General Requirement.
a As It Appears in the
SAVEs database.
OPTION 1
29 CFR 1910.132(a): Protective
equipment was not used when necessary whenever hazards
capable of causing injury and impairment were
encountered:
b What the CO/IH Must
Specify.
o Identify type of equipment
needed (e.g., gloves impervious to hazardous
substance).
o Identify health hazard and
its effects (e.g., Scotch Brand Resin 5230, a
serious skin irritant and sensitizer).
o Identify the part of the
body that was unprotected (e.g., the wrists and
lower arms).
c Completed AVD as it
Appears on the Citation.
29 CFR 1910.132(a): Protective equipment was not used
when necessary whenever hazards capable of causing
injury and impairment were encountered:
Date of Violation: 1/19/84
Location: Fluidizer Room
Condition: Employee handling
Scotch Brand Resin 5230 which is a skin irritant
and sensitizer was wearing cotton gloves which
were not impervious to the resin and did not
protect the wrists and lower arms.
2 SAVE for a Noise Violation.
a As it Appears in the
SAVEs database.
29 CFR 1910.95(b)(1): Employees
were subjected to sound levels exceeding those
listed in Table G-16 of Subpart G of 29 CFR part
1910 and feasible administrative or engineering
controls were not utilized to reduce sound levels:
b What the CO/IH Must
Specify (OSHA-1B).
o Identify the exposure level
(e.g., Employee exposed to continuous noise
levels at 185.5% of the allowable 8-hour time
weighted average sound level (90 dBA). The
equivalent dBA level of the 185.5% is
approximately 97 dBA. The sampling was performed
for 356 minutes during one shift on May 25,
1982).
c Completed AVD as it
Appears on the Citation.
29 CFR 1910.95(b)(1): Employees
were subjected to sound levels exceeding those
listed in Table G-16 of Subpart G of 29 CFR part
1910 and feasible administrative or engineering
controls were not utilized to reduce sound levels:
Date of Violation: 1/19/84
Location: Cleaning Room,
Booth Number 3
Condition: Employee Performing
Grinding on Castings Was Exposed to Continuous
Noise Levels at 185.5% of the Allowable 8-Hour
Time Weighted Average Sound Level Equivalent to
Approximately 97 dBA.
NOTE: Violations of the
hearing conservation amendment (29 CFR
1910.95(c)-(p) shall normally not be grouped
with citations resulting from over-exposure to
the levels given in Table G-16.
(8) Standards/Regulations. Citations
shall not be issued unless the citation is based on
mandatory language in MOSH standards and, when applicable,
in referenced standards. Standards legally incorporated by
reference have the same force and effect as MOSH standards
(See 29 CFR 1910.6).
(9) Alternative Standards. In rare cases,
the same factual situation may present a possible violation
of more than one standard. For example, the facts which
support a violation of 29 CFR 1910.28(a)(1) may also support
a violation of 1910.132(a) if no scaffolding is provided
when it should be and the use of safety belts is not
required by the employer.
(a)
Alternative Standards. Where it
appears that more than one standard is applicable to a
given factual situation and that compliance with any of
the applicable standards would effectively eliminate the
hazard, it is permissible to cite alternative standards
using the words "in the alternative." A
reference in the citation to each of the standards
involved shall be accompanied by a separate Alleged
Violation Description (AVD) which clearly identifies all
of the necessary elements of a violation of that
standard.
(b)
Alternative Standard Penalty.
Where violations are alleged in the alternative only one
penalty, not one penalty for each standard cited, shall
be proposed for the violative condition.
NOTE: Section 5-104(a) may be
cited in the alternative. When a specific standard
is cited the general duty provision would not be
applicable.
c. Order of Violations on the Citation. Violations
shall be written in the numerical order in which they appear in the
standards. Grouped violations shall also be written in the same order.
C.
Grouping and Combining of Violations.
1. Definitions. For the purposes of this section the
following definitions apply:
a. Combining. The gathering of all instances of
violations of a specific standard for citation purposes during the
inspection/investigation of a single establishment or worksite.
b. Grouping. The joining of violations of two or more
specific standards under an individual citation item during the
inspection/investigation of a single establishment or worksite.
2. Combining. All violations of a specific single
standard found during the inspection of an establishment or worksite shall
normally be combined into one alleged violation. Thus, different options
of the same standard shall also be combined. Each separate instance of the
violation shall be specifically set out within that item of the citation.
However, there are situations where the violative conduct constitutes
blatant disregard for worker safety. In these cases, each violation
instance shall be cited as separate violations rather than crediting the
employer with a combined citation.
a. The same standard may not be cited more than once on a
single citation or inspection case file.
b. For the purpose of applying these guidelines in the
construction industry, an establishment is normally the site of the
construction job (e.g., the building site, the dam site, etc.). Where the
construction site extends over a large geographical area (e.g., road
building) the entire site shall be considered a single establishment; and
all instances of the same violation with the same classification
discovered during a single inspection shall constitute one alleged
violation.
EXAMPLE 1. During the inspection of a
single establishment, the CO/IH documents five instances
of unguarded open-sided platforms in five different
locations throughout the facility in serious violation
of 29 CFR 1910.23(c)(1). These five instances of the
violation are combined into one serious citation item
containing five subparts (a, b, c, d, e).
EXAMPLE 2. During the inspection of a
single establishment, the CO/IH documents three
instances of unguarded open-sided platforms and two
instances of platforms without required toeboards in
different locations throughout the facility in serious
violation of 29 CFR 1910.23(c)(1). These five instances
of the violation are combined into one serious citation
item using the two options of 29 CFR 1910.23(c)(1)
listed in the SAVEs database.
EXAMPLE 3. During the inspection of a
single establishment, the CO/IH documents five instances
of unguarded open-sided platforms in five different
locations throughout the facility. Three instances are
classified as serious and two as other-than-serious. The
three serious instances and the two other-than-serious
instances are combined into one serious item.
3. Grouping. When a source of a hazard is identified
which involves "interrelated violations" of different standards,
the violations may be grouped into a single citation item with subparts.
a. When to Group. The following situations normally
call for grouping violations:
(1) Grouping Related Violations. When the CO/IH believes that violations classified as serious are so
closely related as to constitute a single hazardous
condition, the violations may be grouped into one citation
item with subparts. This grouping shall be known as
"grouping for penalty purposes".
EXAMPLE: 29 CFR 1910.213(h)(1),
(h)(3) and (h)(4) may be grouped into one citation
item.
(2) Grouping Other-than-Serious Violations
Where Grouping Results in a Serious Violation. When two
or more individual violations are found which, if considered
individually represent other-than-serious violations, but if
grouped create a substantial probability of death or serious
physical harm, the violations may be grouped and alleged as
a single serious violation.
b. When Not to Group. There are times when grouping is
normally inappropriate.
(1) Single Inspection. Only violations
discovered in a single inspection of a single establishment
or worksite shall be grouped. An inspection in the same
establishment or at the same worksite shall be considered a
single inspection even if it continues for a period of more
than one day or is discontinued with the intention of
resuming it after a short period of time if only one OSHA-1
is completed.
(2) Separate Inspection of the Same
Establishment. Where inspections of the same
establishment of an employer are conducted on two different
occasions and instances of the same violation are disclosed
during each inspection, the second instance of such
violation shall not normally be grouped with the first
instance even if a citation for the first has not yet been
issued. Depending on the conditions found during the second
inspection, however, such second instances may constitute
grounds for a repeat and/or willful violation. Where a
follow-up inspection is conducted to determine whether a
violation has been abated, it will normally be appropriate
to issue a notice of failure to abate where one instance or
80">(3) Separate Establishments of the Same
Employer. Where inspections are conducted, either at the
same time or different times, at two establishments of the
same employer and instances of the same violation are
discovered during each inspection, the employer shall be
issued separate citations for each establishment.
(4) General Duty Clause Violations.
Because Section 5-104(a) of the Act is cited in order to
cover all aspects of a serious hazard for which no standard
exists, no grouping of separate Section 5-104(a)
violations is permitted. This provision, however, does not
prohibit grouping a Section 5-104(a) violation with a
related violation of a specific standard.
(5) Serious Violation. A serious
violation may be grouped or cited separately as conditions
warrant. Serious violations that are not so closely related
as to constitute a single violative condition shall not be
grouped.
(6) Egregious Violations. Violations
which are proposed as violation-by-violation citations shall
not normally be combined or grouped.
D.
Employer/Employee Responsibilities.
1. Section 5-104(b)(2) of the Act. "Each employee
shall comply with this title and, when applicable to the employee's
actions and conduct in the course of employment, each regulation that the
Commissioner passes under this title."
a. The Act does not provide for the issuance of citations
or the proposal of penalties against employees. Employers are responsible
for employee compliance with the standards.
b. Although the employer is not the absolute guarantor or
insurer of all employee actions, reasonable steps must be taken by the
employer to protect employees from hazards that may result from failure to
comply with the standards (e.g., informing employees of hazards and how to
protect themselves, enforcing safety and health rules, and the like).
2. Employee Refusal to Comply. In cases where the CO/IH
determines that employees are systematically refusing to comply with a
standard applicable to their own actions and conduct, the matter shall be
referred to the MOSH Supervisor. The MOSH Supervisor shall discuss the
matter with the Assistant Commissioner/Authorized Representative who will
decide what action is appropriate. Under no circumstances is the CO/IH to
become involved in an on-site dispute involving labor-management
issues or interpretation of collective bargaining agreements. The CO/IH is
expected to obtain enough information to understand whether the employer
is using all appropriate authority to ensure compliance with the Act.
Concerted refusals to comply will not bar the issuance of an appropriate
citation where the employer has failed to exercise full authority to the
maximum extent reasonable, including discipline and discharge, to ensure
compliance with the Act.
Continued
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