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.
April 14, 1989
| MEMORANDUM FOR: | R. DAVIS LAYNE REGIONAL ADMINISTRATOR |
| THROUGH: | LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS |
| FROM: | THOMAS J SHEPICH, DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS |
| SUBJECT: | Field Operations Manual (FOM) Interpretation on Sending Citations to a Construction Site |
This is in response to your memorandum of February 13, 1989, on this subjects. We concur with your suggestion that some provision needs to be made for situations where citations could not be delivered to a construction site employer as required by the FOM at Chapter XII, G.1.
Where it can be adequately documented that the employer would not receive the citations at the construction site if they were either mailed or hand-delivered (e.g., because the job will have been completed), the original OSHA-2 shall be sent directly to the employer's permanent local office if one is maintained, or, otherwise, to the home office.
In all cases, as specified by the FOM, duplicate copies of citations shall be sent to the employer's home office.
This subject will be considered for possible modifications in the next revision of the FOM. If you have any questions, please contact William Smith at FTS 523-8041.
GICA:WSmith 27 MAR 89 cc: Shepich/Zettler/Donnelly/WSmith/OFP/All RA's
OSHA Instruction CPL 2.45A CH-8
Office of General Industry Compliance Assistance
G. Citations and Penalties.
1. Mailing. Upon the completion of citations and notifications of penalties, the original OSHA-2 for each employer shall be sent to the worksite; and duplicate copies shall be sent to each employer's home office.
2. Where to Post Citations. At many construction sites, the employer (whether prime contractor or subcontractor) provides a trailer or other worksite office. Where such a facility is provided and employees are likely to be in the vicinity of the facility on a daily basis, the citation shall be posted at that location.a. Other Location. A copy of the citation shall also be posted at any other location of the employer where employees are required to report on a daily basis. In some situations, such a location would be the employer's main or branch office; in other situations, such as highway construction, the location would be the place where employees actually work.
b. No Place to Post Citation. Where no obvious place for posting the citations exists (such as in highway construction where the trailer may be a considerable distance away and employees do not report to the trailer) the employer shall be required to furnish a suitable object on which to post the citation in a conspicuous location or immediately adjacent to the worksite. In any case, where the citation will be exposed to rain or snow, the citation shall be protected from the elements.
| MEMORANDUM FOR: | THOMAS J. SHEPICH, Director Office of Compliance Programming |
| ATTENTION: | GENE FORD |
| THROUGH: | LEO CAREY, Director Office of Field Programs |
| FROM: | R. DAVIS LAYNE Regional Administrator |
| SUBJECT: | FOM Interpretation on Sending Citations to a Construction Site |
When citations are issued to an employer following an inspection of a construction site, the FOM requires that the original OSHA-2 be sent to the work-site with a duplicate copy going to the employer's home office. During some construction inspections the compliance officer may determine that the job is nearing completion, and the employer will no longer be at the worksite by the time the citations are issued. In these situations the employer could not receive mail at the worksite, and the original citations would be returned to the area office. If the compliance officer can adequately document that the employer would not receive the citations by mailing them to the construction site, would you concur that a more appropriate action would be to send the original citations directly to the employer's home office? If so, shouldn't page XII-6 of the FOM be modified to reflect this?
If you have any questions regarding this request, please contact Roger Alcorn or Russ Dugger at FTS 257-2803.