Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-14 - Citations; notices of de minimis violations

Current through July 10, 2024
(a) The
				Commissioner shall review the inspection reports of the Occupational Safety and
				Health Officers. If on the basis of the report the Commissioner believes that
				the employer has violated a requirement of section
				31-370
				of the Act, of any standard, rule or order promulgated pursuant to section
				31-372
				of the Act, or of any substantive rule published by the Occupational Safety and
				Health Division, he shall, if appropriate, consult with the Occupational Safety
				and Health Division Attorney, and he shall issue to the employer either a
				citation or a notice of de minimis violations which have no direct or immediate
				relationship to safety or health. An appropriate citation or notice of de
				minimis violations shall be issued even though after being informed of an
				alleged violation by the Occupational Safety and Health Officer, the employer
				immediately abates, or initiates steps to abate, such alleged violation. Any
				citation or notice of de minimis violations shall be issued with reasonable
				promptness after termination of the inspection. No citation may be issued under
				this section after the expiration of 6 months following the occurrence of any
				alleged violation.
(b) Any citation
				shall describe with particularity the nature of the alleged violation,
				including a reference to the provisions of the Act, standard, rule, regulation,
				or order alleged to have been violated. Any citation shall also fix a
				reasonable time or times for the abatement of the alleged violation.
(c) If a citation or notice of de minimis
				violations is issued for a violation alleged in a request for inspection or a
				notification of violation under section
				31-371-11,
				a copy of the citation or notice of de minimis violations shall also be sent to
				the employee or representative of employees who made such request or
				notification.
(d) After an
				inspection, if the Commissioner determines that a citation is not warranted
				with respect to a danger or violation alleged to exist in a request for
				inspection or a notification of violation under section
				31-371-11,
				the informal review procedures prescribed in section
				31-371-12
				shall be applicable. After considering all views presented, the Commissioner
				shall affirm the determination, order a reinspection, or issue a citation if he
				believes that the inspection disclosed a violation. The Commissioner shall
				furnish the complaining party and the employer with written notification of his
				determination and the reason therefor. The determination of the Commissioner
				shall be final and not subject to review.
(e) Every citation shall state that the
				issuance of a citation does not constitute a finding that a violation of the
				Act has occurred unless there is a failure to contest as provided for in the
				Act or, if contested, unless the citation is affirmed by the Review
				Commission.