Current through Register Vol. 51, No. 19, September 20, 2024
A. In this
regulation, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Controlling employer" means the employer
who is responsible, by contract or through actual practice, for safety and
health conditions on the worksite, whether or not its own employees are
exposed, such as an employer who has the authority for ensuring that hazardous
conditions are corrected.
(2)
"Correcting employer" means the employer who has the responsibility for
actually correcting the hazard, whether or not its own employees are
exposed.
(3) "Creating employer"
means the employer who actually created the hazard through its action or
inaction, whether or not its own employees are exposed.
(4) "Exposing employer" means the employer
whose employees are exposed to the hazard or have access to the
hazard.
C. After an
inspection, the Commissioner or the Commissioner's authorized representative
shall review the inspector's inspection report.
D. If, on the basis of the report, the
Commissioner or the Commissioner's authorized representative is of the opinion
that the employer has violated a provision of the Act, or of a standard,
regulation, or an order promulgated under the Act, the Commissioner or the
Commissioner's authorized representative shall issue to the employer either:
(1) A citation; or
(2) For a violation which has no direct or
immediate relationship to safety or health, a notice of de minimis
violations.
E. Issuance
of Citations.
(1) On multiemployer worksites,
more than one employer may be cited for a hazardous condition that violates a
provision of the Act or of a standard, regulation, or order promulgated under
the Act.
(2) The following
employers may be cited:
(a) The exposing
employer;
(b) The creating
employer;
(c) The controlling
employer; and
(d) The correcting
employer.
F.
An appropriate citation or notice of de minimis violations may be issued even
if, after being informed of an alleged violation by the inspector, the employer
immediately abates, or initiates steps to abate, the alleged
violation.
G. The citation shall
note that the issuance of a citation is not a finding that a violation of the
Act has occurred unless:
(1) There is a
failure to contest as provided for in the Act; or
(2) If contested, the citation is affirmed by
the Commissioner.
H.
Complaint Inspections.
(1) After an
inspection conducted in response to a request for inspection under Regulation
.04A(1) of this chapter or a notification of violation under Regulation .04B of
this chapter:
(a) If a citation is issued, a
copy of the citation or notice of de minimis violations shall be sent to the
employee or employee representative who made the request; and
(b) If a determination is made that a
citation is not warranted with respect to a danger or violation alleged to
exist, the Commissioner or the Commissioner's authorized representative shall
notify the complaining party and the employer in writing of the
determination.
(2) When
a determination is made that a citation is not warranted under §H(1)(b) of
this regulation:
(a) The informal review
procedures in Regulation .04C(2)-(4) of this chapter are applicable;
(b) After considering all views presented in
an informal review under Regulation .04C of this chapter, the Commissioner or
the Commissioner's authorized representative may:
(i) Affirm the determination;
(ii) Order a reinspection; or
(iii) Issue a citation if the Commissioner
believes that the inspection disclosed a violation.
(3) The Commissioner or the
Commissioner's authorized representative shall furnish the complaining party
and the employer with written notification of the Commissioner's determination
and the reason for it.
I. The citation shall include any notice of
proposed penalty.
