OSHA 3000-08R 2005

Employer Rights

and Responsibilities

Following an OSHA Inspection
Employers are responsible for providing a

safe and healthful workplace for their employees. OSHA’s role is to assure the safety and

health of America’s working men and women

by setting and enforcing standards; providing

training, outreach and education; establishing

partnerships; and encouraging continual

improvement in workplace safety and health.

This handbook provides a general overview of

a particular topic related to OSHA standards.

It does not alter or determine compliance responsibilities in OSHA standards or the

Occupational Safety and Health Act of 1970.

Because interpretations and enforcement policy may change over time, you should consult

current OSHA administrative interpretations

and decisions by the Occupational Safety and

Health Review Commission and the Courts for

additional guidance on OSHA compliance

requirements.

This publication is in the public domain and

may be reproduced, fully or partially, without

permission. Source credit is requested but not

required.

This information is available to sensory impaired individuals upon request. Voice phone:

(202) 693-1999; teletypewriter (TTY) number:

(877) 889-5627.
U.S. Department of Labor

Occupational Safety and Health Administration

OSHA 3000-08R

2005

Employer Rights

and Responsibilities

Following an OSHA Inspection
2

Contents

After an OSHA Inspection...3

Types of Violations...4

Posting Requirements...7

Employer Options...7

How to Comply...8

Informal Conference and Settlement...9

How to Contest Citations...11

The Contest Process...12

Petition for Modification of

Abatement...13

What Employees Can Do...14

Follow-up Inspections and Failure

to Abate...14

Employer Discrimination...15

Providing False Information...15

OSHA Assistance...16

OSHA Regional Offices...21

Appendix: The Small Business Regulatory

Enforcement Fairness Act of 1996

(SBREFA)...23
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 through

January 1, 2004).

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 Fact Sheet 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;

■ Possible abatement dates you may be

required to meet; and

■ Any penalties that the Area Director may issue.

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 hazardous conditions, abatement efforts

should always begin as soon as possible.

Important Note: Currently, 24 states, Puerto

Rico and the Virgin Islands operate OSHAapproved state plans: 22 of these plans cover the

private and public sectors and 4 cover only public

3
sector (state and local government) employment.

For more information, employers and employees

in these 26 states and territories should check

with their state agencies. State plans may include

standards, regulations, and procedures that, while

at least as effective as their Federal equivalents,

are not always identical to them. For example:

■ Some states have different options and

procedures 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 states with OSHA-approved safety and

health plans, an employee who believes

that 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.

Types of Violations

Willful: A willful violation is defined as a violation

in which the employer knew that a hazardous

condition 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.

Serious: A serious violation exists when the

workplace hazard could cause injury or illness

4
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. OSHA

may propose a penalty of up to $7,000 for each

violation.

Other-Than-Serious: An other-than-serious

violation is defined as a situation in which the

most serious injury or illness that would be likely

to result from a hazardous condition cannot

reasonably be predicted to cause death or serious

physical harm to exposed employees, but does

have a direct and immediate relationship to their

safety and health. OSHA may impose a penalty

of up to $7,000 for each violation.

De Minimis: De minimis violations are violations that have no direct or immediate relationship to safety or health and do not result in citations or penalties.

Failure to Abate: A failure to abate violation

exists when the employer has not corrected a

violation for which OSHA has issued a citation

and the abatement date has passed or is covered

under a settlement agreement. A failure to abate

also exists when the employer has not complied

with interim measures involved in a long-term

abatement within the time given. OSHA may

impose a penalty of up to $7,000 per day for each

violation.

Repeated: An employer may be cited for a

repeated violation if that employer has been

cited previously for a substantially similar condition and the citation has become a final order

of the Occupational Safety and Health Review

Commission. A citation is currently viewed as a

repeated violation if it occurs within 5 years

either from the date that the earlier citation

becomes a final order or from the final abatement date, whichever is later. Repeated violations can bring a civil penalty of up to $70,000

for each violation.

5
For purposes of determining whether a violation is repeated, the following criteria generally

apply:

1. Fixed Establishments: Citations issued to

employers having fixed establishments

(such as factories, terminals, and 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.

2. Nonfixed Establishments: For employers

engaged in businesses having no fixed

establishments (such as construction sites

and oil and gas drilling sites), repeated

violations are alleged based on prior violations occurring anywhere, and at any of

the employer’s identified establishments

nationwide, based on employer history.

3. Longshoring Establishments: A longshoring establishment covers all long-shoring 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 (such as shipbuilding and ship

repairing) are generally defined as fixed

establishments. (See 1, above.)

A VIOLATION CAN BE CITED AS REPEATED IF

THE EMPLOYER HAS BEEN CITED FOR THE

SAME OR A SUBSTANTIALLY SIMILAR VIOLATION ANYWHERE IN THE NATION WITHIN THE

PAST 5 YEARS.

6
Posting Requirements

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––also 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 the option to

identify the equipment with a “Warning” tag

specified in the abatement verification regulation,

Title 29 Code of Federal Regulations (CFR)

1903.19(i).

Employer Options

As an employer who has been cited, you may

take either of the following courses of action:

■ If you agree to the Citation and Notification of

Penalty, you must correct the condition by the

date set in the citation and pay the penalty, if

one is proposed;

■ 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.

Before deciding on either of these options, you

may request an informal conference with the

7
OSHA Area Director to discuss any issues related

to the citation and notification of penalty. (See

Informal Conference and Settlement, below.)

OSHA will inform the affected employee representatives of the informal conference or contest.

How to Comply

For violations you do not contest, you must:

(1) promptly notify the OSHA Area Director by

letter, signed by a member of management, that

you have taken the appropriate corrective action

within the time set forth in the citation, and (2)

pay any penalties itemized.

The notification you send the Area Director is

referred to as Abatement Certification. For OtherThan-Serious violations, this may be a signed

letter identifying the inspection number and the

citation item number and noting that you corrected

the violation by the date specified on the citation.

For more serious violations (such as 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 must ensure that

additional information, if available, is provided to

the employer as soon as possible.

Employers also can find guidance on abatement verification on OSHA’s website at

www.osha.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.

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The penalties itemized on the citation and notification 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,

OSHA will suspend abatement and payment of

penalties for those items contested until the

Occupational Safety and Health Review Commission, or a higher court, issues a final order or rule.

The Review Commission is an independent agency

and is not a part of the U.S. Department of Labor.

The final order of the Commission will 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

Citations at page 11.)

Payment should be made by 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.

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;

9
■ 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.

OSHA encourages you 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 be 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 conference or negotiations between

the Regional Administrator 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

abatement date(s), you may discuss this with the

Area 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 it 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

at page 13.)

10
Whenever the employer, an affected employee,

or employee representative requests an informal

conference, the parties shall be afforded the

opportunity to participate fully. If either party

chooses not to participate in the informal conference, that party forfeits the right to be consulted

before decisions are made that affect the citations.

If the requesting party objects to the attendance of

the other party, OSHA may hold separate informal

conferences. During a joint informal conference,

separate or private discussions will be permitted if

either party requests them. Informal conferences

may be held using any means practical.

How to Contest Citations

If you wish to contest any portion of your citation, you must submit a Notice of Intent to

Contest in writing within 15 working days after

receipt of the citation and notification of penalty.

This applies even if you have 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.

OSHA will not consider a contest filed solely to

avoid your responsibilities for abatement or payment of penalties to be a good faith contest.

A proper contest of any item suspends your

legal obligation to abate and pay until the item

contested has been resolved. If you contest only

the penalty, you must still correct all violations by

11
the dates indicated on the citation. If you contest

only some items on the citation, you must correct

the other items by the abatement date and pay

the corresponding penalties 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 handling your case for OSHA. All settlements of contested cases are negotiated between you and the

attorney according to the rules of procedure of

the Occupational Safety and Health Review

Commission.

The Contest Process

If you file the written Notice of Intent to Contest

within the required 15 working days, the OSHA

Area Director forwards your case to the

Occupational Safety and Health Review Commission. The Commission 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 employees have the

right to participate in this hearing, which

contains all the elements of a trial, including

examination and cross-examination of witnesses.

You may choose to represent yourself or have an

attorney represent you. 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 Commission for review.

The Commission’s ruling, in turn, may be appealed to the U.S. Court of Appeals for the Federal

12
circuit in which the case arose or for the circuit

where the employer has his or her principal office.

Petition for Modification

of Abatement

OSHA assigns abatement dates on the basis of

the best information available when issuing the

citation. If you are unable to meet an abatement

date because of uncontrollable events or other

circumstances, 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 1

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 OSHA considers it:

■ Steps you have taken 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.

The OSHA Area Director may grant or oppose

a PMA. If it is opposed, it automatically becomes

a contested case before the Review Commission.

If a PMA is granted, OSHA may conduct a monitoring inspection to ensure that conditions are

as they have been described and that adequate

13
progress has been made toward abatement. The

OSHA Area Office may provide additional information on PMAs.

What Employees Can Do

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. OSHA will not make a decision

regarding the PMA until the Review Commission

resolves the issue.

Follow-up Inspections and

Failure to Abate

If you receive a citation, a follow-up 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

■ Protected employees adequately and made

appropriate progress in correcting hazards

during multi-step or lengthy abatement periods.

In addition to providing for penalties for Failureto-Post citations and Failure-to-Abate violations, the

OSH Act clearly states that employers have a continuing responsibility to comply with the OSH Act

and assure your employees safe and healthful

working conditions. OSHA will cite any new violations discovered during a follow-up inspection.

14
Employer Discrimination

To achieve abatement by the date set forth in the

citation, employers must initiate abatement efforts

promptly.

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.

OSHA will investigate complaints from employees

who believe that they have been discriminated

against. If the investigation discloses probable

violations of employee rights, court action may

follow.

Employees who believe that they have been

discriminated against must file their complaints

within 30 days of the alleged act of discrimination.

For more information, contact OSHA and inquire

about Section 11(c) procedures.

Providing False Information

All information that employers and employees

report to OSHA must be accurate and truthful.

Providing false information on efforts to abate

cited conditions or in required records is punishable under the OSH Act.

15
OSHA Assistance

OSHA can provide extensive help through a variety of programs, including technical assistance

about effective safety and health programs, state

plans, workplace consultations, and training and

education.

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. In fact, an effective

safety and health management system forms the

basis of good worker protection, can save time

and money, increase productivity and reduce

employee injuries, illnesses and related workers’

compensation costs.

To assist employers and workers in developing

effective safety and health management systems,

OSHA published recommended Safety and Health

Program Management Guidelines (54 Federal

Register (16): 3904-3916, January 26, 1989). These

voluntary guidelines can be applied to all places

of employment covered by OSHA.

The guidelines identify four general elements

critical to the development of a successful safety

and health management system:

■ Management leadership and worker 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 management system. The Federal Register notice is available

online at www.osha.gov.

State Programs

The Occupational Safety and Health Act of 1970

(OSH Act) encourages states to develop and

16
operate their own job safety and health plans.

OSHA approves and monitors these plans.

Twenty-four states, Puerto Rico and the Virgin

Islands currently operate approved state plans:

22 cover both private and public (state and local

government) employment; Connecticut, New

Jersey, New York and the Virgin Islands cover

the public sector only. States and territories

with their own OSHA-approved occupational

safety and health plans must adopt standards

identical to, or at least as effective as, the

Federal OSHA standards.

Consultation Services

Consultation assistance is available on request

to employers who want help in establishing and

maintaining a safe and healthful workplace.

Largely funded by OSHA, the service is provided

at no cost to the employer. Primarily developed

for smaller employers with more hazardous

operations, the consultation service is delivered

by state governments employing professional

safety and health consultants. Comprehensive

assistance includes an appraisal of all mechanical systems, work practices, and occupational

safety and health hazards of the workplace 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 safety and health

program. No penalties are proposed or citations

issued for hazards identified by the consultant.

OSHA provides consultation assistance to the

employer with the assurance that his or her

name and firm and any information about the

workplace will not be routinely reported to

OSHA enforcement staff. For more information

concerning consultation assistance, see OSHA’s

website at www.osha.gov.

17
Strategic Partnership Program

OSHA’s Strategic Partnership Program helps

encourage, assist and recognize the efforts of

partners to eliminate serious workplace hazards

and achieve a high level of worker safety and

health. Most strategic partnerships seek to have a

broad impact by building cooperative relationships with groups of employers and workers.

These partnerships are voluntary relationships

between OSHA, employers, worker representatives, and others (e.g., trade unions, trade and

professional associations, universities, and other

government agencies).

For more information on this and other agency

programs, contact your nearest OSHA office, or

visit OSHA’s website at www.osha.gov.

OSHATraining and Education

OSHA area offices offer a variety of information

services, such as technical advice, publications,

audiovisual aids and speakers for special engagements. OSHA’s Training Institute in Arlington

Heights, 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, workers

and their representatives.

The OSHA Training Institute also has established OSHA Training Institute Education Centers to

address the increased demand for its courses from

the private sector and from other federal agencies.

These centers are colleges, universities, and nonprofit organizations 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.

For more information on grants, training and

education, contact the OSHA Training Institute,

18
Directorate of Training and Education, 2020 South

Arlington Heights Road, Arlington Heights, IL

60005, (847) 297-4810, or see Training on OSHA’s

website at www.osha.gov. For further information

on any OSHA program, contact your nearest

OSHA regional office listed at the end of this publication.

Information Available Electronically

OSHA has a variety of materials and tools available on its website at www.osha.gov. These

include electronic tools, such as Safety and Health

Topics, eTools, Expert Advisors; regulations, directives and publications; videos and other information for employers and workers. OSHA’s software

programs and eTools walk you through challenging safety and health issues and common problems to find the best solutions for your workplace.

OSHA Publications

OSHA has an extensive publications program.

For a listing of free items, visit OSHA’s website

at www.osha.gov or contact the OSHA

Publications Office, U.S. Department of Labor,

200 Constitution Avenue, NW, N-3101,

Washington, DC 20210; telephone (202) 693-

1888 or fax to (202) 693-2498.

Contacting OSHA

To report an emergency, file a complaint, or seek

OSHA advice, assistance, or products, call (800)

321-OSHA or contact your nearest OSHA Regional

or Area office listed at the end of this publication.

The teletypewriter (TTY) number is (877) 889-

5627.

Written correspondence can be mailed to the

nearest OSHA Regional or Area Office listed at the

end of this publication or to OSHA’s national office

at: U.S. Department of Labor, Occupational Safety

and Health Administration, 200 Constitution

Avenue, N.W., Washington, DC 20210.

19
By visiting OSHA’s website at www.osha.gov,

you can also:

■ File a complaint online,

■ Submit general inquiries about workplace

safety and health electronically, and

■ Find more information about OSHA and

occupational safety and health.

20
OSHA Regional Offices

Region I

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

JFK Federal Building, Room E340

Boston, MA 02203

(617) 565-9860

Region II

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

201 Varick Street, Room 670

New York, NY 10014

(212) 337-2378

Region III

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

The Curtis Center

170 S. Independence Mall West

Suite 740 West

Philadelphia, PA 19106-3309

(215) 861-4900

Region IV

(AL, FL, GA, KY,* MS, NC,* SC,* TN*)

61 Forsyth Street, SW, Room 6T50

Atlanta, GA 30303

(404) 562-2300

Region V

(lL, IN,* MI,* MN,* OH, WI)

230 South Dearborn Street

Room 3244

Chicago, IL 60604

(312) 353-2220

Region VI

(AR, LA, NM,* OK, TX)

525 Griffin Street, Room 602

Dallas, TX 75202

(972) 850-4145

21
Region VII

(IA,* KS, MO, NE)

Two Pershing Square

2300 Main Street, Suite 1010

Kansas City, MO 64108-2416

(816) 283-8745

Region VIII

(CO, MT, NO, SO, UT,* WY*)

1999 Broadway, Suite 1690

PO Box 46550

Denver, CO 80202-5716

(720) 264-6550

Region IX

(AZ,* CA,* HI,* NV,* and American Samoa,

Guam and the Northern Mariana Islands)

90 7th Street, Suite 18-100

San Francisco, CA 94103

(415) 625-2547

Region X

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

1111 Third Avenue, Suite 715

Seattle, WA 98101-3212

(206) 553-5930

* These states and territories operate their own

OSHA-approved job safety and health programs and

cover state and local government employees as well as

private sector employees. The Connecticut, New Jersey,

New York and Virgin Islands plans cover public employees only. States with approved programs must have

standards that are identical to, or at least as effective as,

the Federal standards.

Note: To get contact information for OSHA Area

Offices, OSHA-approved State Plans and OSHA

Consultation Projects, please visit us online at

www.osha.gov or call us at 1-800-321-0SHA.

22
Appendix: The Small Business

Regulatory Enforcement Fairness

Act of 1996 (SBREFA)

In 1996, Congress passed the Small Business

Regulatory Enforcement Fairness Act, or SBREFA,

in response to concerns expressed by the small

business community that Federal regulations

were too numerous, too complex and too expensive to implement. SBREFA was designed to give

small businesses assistance in understanding and

complying with regulations and more of a voice

in the development of new regulations. Under

SBREFA, the Occupational Safety and Health

Administration (OSHA) and other Federal agencies must:

■ Produce Small Entity Compliance Guides for

some rules;

■ Be responsive to small business inquiries

about compliance with the agency’s regulations;

■ Submit final rules to Congress for review;

■ Have a penalty reduction policy for small

businesses; and

■ Involve small businesses in the development

of some proposed rules through Small

Business Advocacy Review Panels.

Commenting on Enforcement Actions

Under a law passed by Congress in 1996, the

Small Business Administration (SBA) has established an SBA Ombudsman and SBA Regional

Fairness Boards to investigate small business

complaints about Federal agency enforcement

actions.

If you are a small business and believe that

you have been treated unfairly by OSHA, you may

file an electronic comment/complaint with the

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SBA Ombudsman over the Internet at:

http://www.sba. gov/ombudsman/comments/

commentform1.html

Or you may contact the SBA's Office of the

National Ombudsman by:

■ Toll-free Phone: (888) REG-FAIR (734-3247)

■ Fax: (202) 481-5719

■ E-mail: ombudsman@sba.gov

■ Mail: Office of the National Ombudsman

U.S. Small Business Administration

409 3rd Street, S.W., MC2120

Washington, DC 20416-0005

To view the SBREFA Act in its entirety, please

visit the following web link:

http://www.sba.gov/advo/laws/sbrefa.html

For more information on SBREFA, the following web links may prove helpful:

http://www.sba.gov/ombudsman/

http://www.sba.gov/ombudsman/dsp_overview.html

http://www.sba.gov/ombudsman/dsp_faq.html

http://www.sba.gov/advo/

http://www.sba.gov/advo/laws/is_oshapanel.html

NOTE: Filing a complaint with the SBA Ombudsman does not affect any obligation that you may

have to comply with an OSHA citation or other

enforcement action. Nor does it mean that you

need not take other available legal steps to protect your interests.

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(OOC 09/2009)