OSHA Instruction STP 2-1.15A December 12, 1980 Office Of State Programs

Subject: Official Procedure(s) for Closing Out OSHA Cases in States with Operational Plans

A. Purpose. This instruction provides procedures for closing out OSHA cases in operational States after the completion of the enforcement agreements required by 29 CFR 1954.3, Exercise of Federal Discretionary Authority.

B. Scope. This instruction applies OSHA-wide.

C. Cancellation. OSHA Instruction STP 2-1.15, November 8, 1974, is canceled.

D. Action. Regional Administrators shall assure that:

1. In cases where the abatement date(s) from OSHA-issued citations extend beyond the date of State assumption of inspection responsibility, only OSHA compliance officers will conduct follow-up inspections.

2. The OSHA compliance officer will confine any follow-up inspection to the particular conditions which were the subject of initial citation and abatement requirements. If any cited condition has not been corrected, the CSHO will issue the appropriate "Failure to Correct" citation.

3. If, in the course of a follow-up inspection, the OSHA compliance officer observes other, new violations of standards for which the State has assumed responsibility, the CSHO shall note those violations for referral to the State for appropriate action.

4. In the event that a State inspector makes an inspection of an employer formerly inspected by an OSHA compliance officer, and observes a condition which has not been corrected pursuant to a prior OSHA citation, the State shall refer the violation to the OSHA authorities for appropriate Federal action.

OSHA Instruction STP 2-1.15A December 12. 1980 Office of State Programs

5. In order to facilitate ease of operations, and to effect the coordination needed to accomplish the required actions, each Area Director in a State with an operational plan should prepare an inventory of OSHA cases where the abatement date(s) remain(s) open. Using this list, OSHA inspectors shall proceed to close out these cases or institute proceedings for failure to correct as the abatement dates are due. They shall transmit the lists to the States so that State inspectors will be informed of any outstanding citations.

E. Background. Inquiries have arisen from the Regions concerning follow-up inspections by OSHA during or after the assumption of enforcement activities by a State with an approved and operational 18(b) plan. As a result of these inquiries, the National Office staff has worked with the Office of the Solicitor to provide additional guidance in this area. This instruction has been reformatted; no substantive changes have been made.

Bruce Hillenbrand Acting Director, Federal Compliance and State Programs

DISTRIBUTION: National, Regional and Area Offices State Designees NIOSH Regional Program Directors

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