MEMORANDUM FOR:

REGIONAL ADMINISTRATORS

THROUGH:

AMANDA EDENS
Deputy Assistant Secretary

FROM:

KIMBERLY STILLE, Director
Directorate of Enforcement Programs

SCOTT KETCHAM, Director Directorate of Construction

SUBJECT:

Violation Grouping and Discretionary Ungrouping

This memorandum rescinds and replaces the memorandum dated January 26, 2023, on the same subject. This memorandum further clarifies the policy described in the earlier memorandum. Under this policy, Regional Administrators and/or Area Directors may refrain from grouping violations where the violations are separate and distinct, even if other OSHA policies or directives recommend grouping the violations. This enforcement discretion is an important tool to deter employers from disregarding their responsibilities to protect workers and comply with OSHA standards and regulations.

Violation Grouping

The Field Operations Manual (FOM Chapter 4-Violations) and several other compliance directives provide scenarios where grouping violations should normally be considered. As described in the FOM, grouping of violations is generally appropriate for the following circumstances:

• Closely Related Violations - Violations classified either as serious or other-than-serious are so closely related they constitute a single hazardous workplace condition or practice.
• Other-than-Serious Violations Where Grouping Results in a Serious Violation - Two or more violations are found which, if considered individually, represent other-than-serious violations but together create a substantial probability of death or serious physical harm.
• Grouping Results in a High-Gravity Other-than-Serious Violation.
  A number of other-than-serious violations are present, which when considered in relation to each other increase the overall gravity of the grouped violations.

Discretionary Ungrouping

Area Directors may use discretion to depart from grouping practices suggested in compliance directives and instead cite violations separately, provided the violations require differing specific abatement actions.

Discretionary ungrouping should be considered where one or more of the factors below are met:

• The employer is currently on the SVEP list.
• The employer has a history of willful, repeat, or failure to abate violations.
• The violative conditions are related to an incident that resulted in a fatality, catastrophe, or reportable injury/illness.
• The inspection resulted in one or more willful, repeat, or failure to abate violations, or a significant number of serious violations.
• The inspection was initiated due to a release of a highly hazardous chemical.
• The inspection identified employee exposures to hazardous chemicals over the applicable OSHA permissible exposure limit.
• The inspection uncovered violations related to National Emphasis Program hazards.

Furthermore, Area Directors may use discretionary ungrouping in the absence of any of the above factors where necessary to achieve an appropriate deterrent effect. In all cases, the reasoning shall be described in the inspection case file.

OIS Coding

When a discretionary decision is made to not group a violation, area offices shall record such decision within OIS by selecting “Discretionary Ungrouping” under the “Special Enforcement Type” drop-down menu within each violation.

If you have further questions concerning this memorandum, please contact the Office of General Industry and Agricultural Enforcement within Directorate of Enforcement Programs at (202) 693-2100, or the Office of Construction Services within Directorate of Construction at (202) 693-2020.