§ 658 TITLE 29—LABOR Page 160

rules and regulations as he may deem necessary

to carry out their responsibilities under this

chapter, including rules and regulations dealing

with the inspection of an employer’s establishment.

(Pub. L. 91–596, §8, Dec. 29, 1970, 84 Stat. 1598;

Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93

Stat. 695.)

CHANGE OF NAME

‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (c), (d), and (g) pursuant to section

509(b) of Pub. L. 96–88 which is classified to section

3508(b) of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 667, 669, 673 of

this title; title 2 section 1341; title 3 section 425.

§ 658. Citations

(a) Authority to issue; grounds; contents; notice

in lieu of citation for de minimis violations

If, upon inspection or investigation, the Secretary or his authorized representative believes

that an employer has violated a requirement of

section 654 of this title, of any standard, rule or

order promulgated pursuant to section 655 of

this title, or of any regulations prescribed pursuant to this chapter, he shall with reasonable

promptness issue a citation to the employer.

Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of

the chapter, standard, rule, regulation, or order

alleged to have been violated. In addition, the

citation shall fix a reasonable time for the

abatement of the violation. The Secretary may

prescribe procedures for the issuance of a notice

in lieu of a citation with respect to de minimis

violations which have no direct or immediate relationship to safety or health.

(b) Posting

Each citation issued under this section, or a

copy or copies thereof, shall be prominently

posted, as prescribed in regulations issued by

the Secretary, at or near each place a violation

referred to in the citation occurred.

(c) Time for issuance

No citation may be issued under this section

after the expiration of six months following the

occurrence of any violation.

(Pub. L. 91–596, §9, Dec. 29, 1970, 84 Stat. 1601.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 659, 666, 667 of

this title; title 2 section 1341; title 3 section 425.

§ 659. Enforcement procedures

(a) Notification of employer of proposed assessment of penalty subsequent to issuance of citation; time for notification of Secretary by

employer of contest by employer of citation

or proposed assessment; citation and proposed assessment as final order upon failure

of employer to notify of contest and failure of

employees to file notice

If, after an inspection or investigation, the

Secretary issues a citation under section 658(a)

of this title, he shall, within a reasonable time

after the termination of such inspection or investigation, notify the employer by certified

mail of the penalty, if any, proposed to be assessed under section 666 of this title and that the

employer has fifteen working days within which

to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. If, within fifteen working days from the receipt of the notice issued by the Secretary the

employer fails to notify the Secretary that he

intends to contest the citation or proposed assessment of penalty, and no notice is filed by

any employee or representative of employees

under subsection (c) of this section within such

time, the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court

or agency.

(b) Notification of employer of failure to correct

in allotted time period violation for which citation was issued and proposed assessment

of penalty for failure to correct; time for notification of Secretary by employer of contest

by employer of notification of failure to correct or proposed assessment; notification or

proposed assessment as final order upon failure of employer to notify of contest

If the Secretary has reason to believe that an

employer has failed to correct a violation for

which a citation has been issued within the period permitted for its correction (which period

shall not begin to run until the entry of a final

order by the Commission in the case of any review proceedings under this section initiated by

the employer in good faith and not solely for

delay or avoidance of penalties), the Secretary

shall notify the employer by certified mail of

such failure and of the penalty proposed to be

assessed under section 666 of this title by reason

of such failure, and that the employer has fifteen working days within which to notify the

Secretary that he wishes to contest the Secretary’s notification or the proposed assessment

of penalty. If, within fifteen working days from

the receipt of notification issued by the Secretary, the employer fails to notify the Secretary that he intends to contest the notification or proposed assessment of penalty, the notification or proposed assessment of penalty, the

notification and assessment, as proposed, shall

be deemed a final order of the Commission and

not subject to review by any court or agency.

(c) Advisement of Commission by Secretary of

notification of contest by employer of citation or notification or of filing of notice by

any employee or representative of employees; hearing by Commission; orders of Commission and Secretary; rules of procedure

If an employer notifies the Secretary that he

intends to contest a citation issued under section 658(a) of this title or notification issued

under subsection (a) or (b) of this section, or if,

within fifteen working days of the issuance of a

citation under section 658(a) of this title, any

employee or representative of employees files a

notice with the Secretary alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Secretary shall immediately advise the Commission