OSHA Instruction CPL 2.112 August 2, 1996 Directorate of Compliance Programs

SUBJECT: Nationwide Quick-Fix Program

A. Purpose. The purpose of this instruction is to provide procedures for a nationwide "Quick-Fix" program, which is an abatement incentive program for employers to immediately abate hazards found during an OSHA inspection and thereby prevent worker injury, illness, and death.

B. Scope. This instruction applies OSHA-wide. The OSHA program is delivered in 40% of the nation's workplaces by the 25 States that operate OSHA-approved State plans. These States are encouraged to adopt similar policies but may choose to develop and implement alternatives. See paragraph K. below.

C. References.

1. OSHA Instruction CPL 2.103, September 26, 1994, Field Inspection Reference Manual (FIRM).

2. OSHA Instruction STP 2.22A, May 14, 1986, State Plan Policies and Procedures Manual (SPM).

D. Action. This instruction supersedes certain provisions of the FIRM concerning proposed penalties for employers who have violated the OSH Act. OSHA Regional Administrators (RAs) shall ensure that field staff follow this instruction when proposing penalties. The FIRM will be changed to incorporate this instruction. This program shall supersede all Local Emphasis Programs (LEPs) and Experimental Programs on the subject of Quick-Fix, including any Quick-Fix program implemented in accordance with any reinvention program.

E. Application. This instruction applies to all general industry, construction, maritime, and agriculture employers.

F. Implementation Date. The provisions of this instruction will be implemented 30 days after the date of this instruction.

G. Background. The Occupational Safety and Health Act does not require abatement of hazards immediately upon identification. If an employer exercises the right to contest in good faith, abatement may not occur until many months or years after the issuance of the citations, because employers are not required to abate hazardous conditions until citations have become final orders of the Occupational Safety and Health Review Commission. In the interim, the employee(s) will still be exposed to the alleged hazards. An employer's decision to abate a hazardous condition promptly upon being informed of it by the OSHA Compliance Safety and Health Officer (CSHO) may, in appropriate circumstances, be taken into account in determining the amount of penalties.

1. The Quick-Fix penalty reduction program was initiated and piloted in the Parsippany, NJ Area Office during Fiscal Year 1994. The program was found to be effective in obtaining immediate abatement of hazards.

2. The May 1995 National Performance Review report, The New OSHA, announced that OSHA's Quick-Fix program would be applied nationwide. This nationwide program will encourage employers to increase employee protection immediately, while freeing OSHA employees and employers from monitoring abatement and follow-up paperwork.

H. Criteria. The nationwide Quick-Fix program shall be implemented in accordance with the following criteria.

1. It shall apply to both safety and health violations, provided hazards are immediately abated during the inspection, that is, immediately upon identification by the CSHO (e.g., on the day the condition was pointed out to the employer, or within 24 hours of being discovered by the CSHO.)

2. It shall apply to all sizes of employers in all Standard Industrial Classifications (SICs).

3. It shall not apply to violations related either to a fatal injury or illness, or to a serious incident resulting in serious injuries to workers.

4. It shall apply only to individual violations, i.e., not to the citation or penalty as a whole.

5. It shall only apply to corrective action that is permanent and substantial and not temporary and superficial (e.g., installing a guard vs. removing employee from machine; or buying and putting on hard hats vs. putting on hard hats laying on the ground), including engineering and/or administrative controls, or taking other steps appropriate to abate a violation.

6. It shall not apply to violations classified as "high" or "medium gravity serious," "willful," "repeat," or "failure-to-abate". CSHOs may also determine that the program does not apply to blatant violations that are easily corrected, (e.g., turning on a ventilation system to reduce worker exposure to a hazardous atmosphere.)

7. No penalty for a serious violation shall be less than $100.

I. Procedures. OSHA staff shall use these procedures in administering the Quick-Fix program.

1. CSHO explanation. During each opening conference the CSHO shall advise both the employer and employee representatives, if applicable, that the Quick-Fix penalty reduction may be applied to each qualified violation (i.e., those which meet the criteria noted above at H.) that the employer immediately abates during the inspection and the CSHO visually verifies. The CSHO shall also explain the above criteria and answer any questions concerning the program.

2. Reduction amount. A Quick-Fix penalty reduction of 15% shall be applied to an individual violation's base penalty after the base penalty has been calculated in accordance with the Field Inspection Reference Manual (FIRM). After the 15% Quick-Fix reduction is applied, the reductions for size, good faith, and history will then be applied.

3. Recording in the Integrated Management Information System (IMIS). CSHOs will document the OSHA-1B by writing "Quick-Fix" under the penalty calculation.

a. 1Bs created with the 1B from the IMIS CSHO Menu must use the code "Q" in Item 26, Abate. Completed/IUR. This code will indicate that a Quick-Fix has been applied and will automatically reduce the gravity based penalty by 15%.

b. 1Bs created with the 1B from the IMIS User Menu must use the code "Q" in Item 14d, Completed. This code will indicate that a Quick-Fix has been applied. The 15% reduction MUST be manually computed and the proposed penalty entered in Item 19, Penalty($).

J. Evaluation. One year after the implementation date of this directive, the Area/District Offices shall conduct an evaluation of the effectiveness of the Quick-Fix program and submit it to the Regional Office, who after summarizing the information, will forward it to the Directorate of Compliance Programs. The evaluation should, at a minimum, address the change in the number of immediate abatements and the number of serious hazards eliminated.

K. Federal Program Change. This is a Federal Program Change that impacts State Programs.

1. The RA shall ensure that this change is promptly forwarded to each State designee using a format consistent with the Plan Change Two-Way Memorandum in Appendix A, OSHA Instruction STP 2.22A, State Plan Policies and Procedures Manual.

2. The RA shall explain the content of this change to the State designees and coordinate appropriate training.

3. States are encouraged, but not required, to adopt an identical or alternative policy. States shall be asked to provide preliminary notification to the RA within 30 days from the date of this instruction of their intent to (1) adopt a parallel policy; (2) defer adoption pending evaluation of the new Federal policy and continue to utilize current procedures; or (3) develop an alternative policy. The State shall formally respond to this change within 70 days in accordance with paragraph I.1.a.(2)(a) and (b), Chapter III of Part I of the SPM. (If the States' 30-day notification is in accordance with Part I, Chapter III, I.1.a.(2) (b), this will fulfill the 70-day requirement.) A State Plan supplement documenting State adoption of identical or equivalent policies with regard to the policies and procedures in this instruction shall be submitted within 6 months from the date of this instruction.

4. The RA shall review policies, instructions, and guidelines issued by the State and monitor their implementation as provided in a Performance Agreement or through routine monitoring focusing on impact and results.

Joseph A. Dear Assistant Secretary

Distribution: National, Regional and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors Consultation Project Managers