OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

July 2, 1975

 
MEMORANDUM FOR: David H. Rhone
Assistant Regional Director for Occupational Safety and Health
 
Subject: Multi-Plant Employers
 

I concur with your premise that a violation of a standard should be cited even though that company has a previous citation contested. As stated in paragraph B.5.d., Chapter VIII, of the Field Operations Manual for repeated violations: Where a violation of a previously cited condition is apparent and the first violation has been contested and has not yet become a final order of the Review Commission, the second violation should nevertheless be cited. Such a citation is automatically rescinded if the prior citation does not become a final order of the Review Commission. Your suggestion to make this applicable to all violations will be included in a change to the FOM.

Care should be taken to assure that a determination is made whether the violation is an occurrence at a separate establishment of the same company or a repeat violation at a previously cited establishment. Reference paragraph 5.B.e., Page 12, Chapter VIII of the FOM; and 29 CFR 1903.2(b).

Barry J. White
Associate Assistant Secretary for
Regional Programs