Chapter nine - Post-Citation Procedures And Abatement Verification

The OSH Review Board is an independent board created to decide appeals of citations or penalties issued by AKOSH inspections. The Review Board, therefore, functions as an administrative court, with established procedures for conducting hearings, receiving evidence, and rendering decisions by its members. The Board operates under AS 18.60.057 and its associated regulations, 8 AAC 61.160 § 8 AAC 61.220.

CSHOs shall inform employers that if they intend to contest, the Chief of Enforcement must be notified in writing and such notification must be postmarked no later than the 15th working day after receipt of the citation and notification of penalty (working days are Monday through Friday, excluding State of Alaska holidays), otherwise the citation becomes a final order of the Board. See AS 18.60.093(a).

AKOSH has no authority to modify the contest period, but the Board may allow a late notice of contest upon adequate motion from the employer under

8 AAC 61.150(f). If a Notice of Contest is received past the 15 working-day period, the Chief of Enforcement shall promptly transmit the Late Notice of Contest to the OSH Review Board. A copy of the Late Notice of Contest shall be maintained in the case file. Once the Review Board has determined whether to accept the Late Notice, AKOSH will proceed accordingly.

If a written communication is received from an employer containing an objection, criticism, or other adverse comment as to a citation or proposed penalty, but which does not clearly appear to contest the citations, or if the employer expresses a desire to hold an informal conference as well as formally contest the citations and/or penalties, the Chief of Enforcement shall contact the employer to clarify the intent of the communication.

1. After receiving the communication, any clarification should be obtained within the 15-working-day contest period so that if a determination is made that it is a notice of contest, the file may be forwarded to the Review Board in a timely manner.
2. In cases where the Chief of Enforcement receives written communication from an employer requesting an informal conference that also states an intent to contest, the employer must be informed that there can be no informal conference unless the notice of contest is withdrawn. If the employer still wants to pursue an informal conference, it must first present or send a letter expressing that intent and rescinding the contest. All documents pertaining to such communications shall be retained in the case file.

   If the Chief of Enforcement determines that the employer intends the document to be a notice of contest, it shall be transmitted to the OSH Review Board. If contact with the employer reveals a desire for an informal conference, the employer shall be informed that the conference does not stay the running of the 15 working day contest period.

Employers should be aware that their notice of contest may be sent electronically via email to the Chief of Enforcement or AKOSH Administrative staff within the 15-working-day period to the appropriate email address(es). It shall be emphasized that an oral notice of contest does not satisfy the requirement to give written notification.

NOTE: AKOSH shall forward notice of contest documentation to the Occupational Safety and Health Review Board and the Assistant Attorney General.

Failure to Notify AKOSH of Intent to Contest.

Notice Received after the Contest Period.

Retention of Documents.

Contest Process.

Transmittal of Notice of Contest to the OSH Review Board.

Under the Board's Rules of Procedure at 8 AAC 61.175, AKOSH is required to file a complaint with the Review Board within 30 days of receiving a notice of contest.

Immediately after receiving a notice of contest, the Chief of Enforcement shall send to the AAG by U.S. mail (or other mutually agreeable manner) the notice of contest, which the Chief of Enforcement will later transmit to the Board, along with the complete investigative file.

1. After a notice of contest is filed and the case is within the Board's jurisdiction, there shall be no subsequent investigations of, or conferences with, the employer or employee representatives who have sought party status regarding any issues underlying the contested citations, without prior clearance from the Department of Law.
2. Once a notice of contest has been filed and the case is within the jurisdiction of the Board, all inquiries relating to the Citation and Notification of Penalty shall be referred promptly to the Department of Law. This includes inquiries from the employer, affected employees, employee representatives, prospective witnesses, insurance carriers, other government agencies, attorneys, and any other party.

CSHOs, Assistant Chief of Enforcement, Chief of Enforcement, Director, or other department personnel shall not have any direct or indirect communication relevant to the merits of any open case with Administrative Law Judges, members of the Board, or any of the parties or interveners. All inquiries and communications shall be handled through the Department of Law.

CSHOs shall draft and sign answers to interrogatories with assistance from the Department of Law. It is the CSHO's responsibility to answer each interrogatory separately and fully. The Department of Law attorney shall sign any objections to the interrogatories. CSHOs should be aware that they may be deposed and/or examined at a hearing on the interrogatory answers provided.

1. If a request for production of documents is served on the Department of Law and forwarded to the AKOSH Office CSHOs or staff member, they should immediately make all documents relevant to that discovery demand available to the Department of Law attorney.
2. While portions of those materials may be later withheld based on governmental privileges or doctrine (e.g., statements that would reveal the identity of an informer), CSHOs must not withhold any information from the Department of Law attorney.
3. It is the Department of Law's responsibility to review all material and to assert any applicable privileges that may justify withholding documents/materials that would otherwise be discoverable.

Depositions permit an opposing party to take a potential witness' pre-hearing statement under oath in order to better understand the witness's potential testimony if the matter later proceeds to a hearing. CSHOs or other AKOSH personnel may be required to offer testimony during a deposition. In such cases, a Department of Law attorney will be present with the witness.

In consultation with the Department of Law, CSHOs should review documents and evidence relevant to the inspection or investigation before the proceeding so that when testifying, they are very familiar with the evidence and need not regularly refer to the file or other documents.

Wear appropriate clothing that reflects the agency's respect for the court or other tribunal before which you are testifying. This also applies when appearing before a magistrate seeking an administrative warrant.

Answer all questions directly and honestly. If you do not understand a question, indicate that and ask for the question to be repeated or clarified.

Listen carefully to any instruction provided by the judge and, unless instructed to the contrary by Department of Law counsel, follow the judge's instruction.

The Citation/Notice of Penalty and abatement date becomes a final order of the Board on the date the 15-working-day contest period expires. For purposes of computing the 15 working day period, the day the employer receives the citation is not counted.

Example: An employer receives the Citation/Notice of Penalty on Monday, August 4th. The day the employer receives the Citation/Notice of Penalty is not counted. Therefore, the final order date would be Monday, August 25th.

Because there is no contest of the citation, an ISA becomes final, with penalties due and payable, on the date of the last signature of the parties. See also Chapter 8, Paragraph I.B.2. (An ISA is effective upon signature by both the Chief of Enforcement and the employer representative as long as the contest period has not expired).

NOTE: A later due date for payment of penalties may be set by the terms of the ISA.

The Citation/Notice of Penalty becomes final 30 days after docketing of the OSH Review Board's Order approving the parties' stipulation and settlement agreement, assuming there is no direction for review. The Board's Notice of Docketing specifies the date upon which the decision becomes a final order. If the Formal Settlement Agreement is approved by an order of the full Board, it will become final after 60 days.

The Alaska Superior Court decision becomes final when the court issues its mandate.

1. Pursuant to 8 AAC 61.155, the employer, any affected employee, or the employee representative may request an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intent to contest.
2. The informal conference will be conducted within the 15 working day contest period. The conference, or any request for such a conference, shall not operate as a stay of the 15-working-day contest period.
3. If the employer's intent to contest is not clear, the Chief of Enforcement will contact the employer for clarification.
4. Informal conferences may be held in person at the AKOSH office, telephonically, or virtually.

During the informal conference, the Chief of Enforcement will do the following:

Assistance of Counsel.

Opportunity to Participate.

Notice of Informal Conferences.

Posting Requirement.

The informal conference will be conducted in accordance with the following guidelines:

Conference Subjects

Discussion of Citations

Enforceability of the ISA

Subjects Not to be Addressed

Closing Remarks.

A PMA must be filed in writing and must include the following information:

1. All steps taken by the employer and the dates of that action, in an effort to achieve compliance during the prescribed abatement period;
2. The specific additional abatement time necessary in order to achieve compliance;
3. The reasons the additional time is necessary, such as the unavailability of professional or technical personnel or materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date;
4. All available interim steps that are being taken to safeguard the employees against the cited hazard during the abatement period;
5. A certification that a copy of the petition has been posted and, if appropriate, served on the authorized representative of affected employees, in accordance with this section, and a certification of the date upon which the posting and service were made.

A PMA for the abatement date must be filed with the Director of Labor Standards and Safety, no later than the close of the next working day following the date on which abatement was initially required. A later-filed petition must be accompanied by the employer's statement of exceptional circumstances explaining the delay.

At the time of filing the petition with the Director of Labor Standards and Safety, a copy of the petition must be posted in a conspicuous place where all affected employees will have notice of it or near each location where the violation occurred. The petition must remain posted for a period of 10 days. Where affected employees are represented by an authorized representative, the representative must be served with a copy of the petition.

Affected employees or their representatives may file an objection in writing to the petition with the director. Failure to file an objection within 10 working days of the date of posting of the petition or of service upon an authorized representative will constitute a waiver of any further right to object to the petition.

The Commissioner of Labor and Workforce Development or authorized representative will not act on the petition until the expiration of at least 15 working days from the date the petition was filed with the Director.

If a petition is objected to by the commissioner, authorized representative, or affected employees, the petition, citation, and any objections will be forwarded to the Board for a hearing and decision on the petition within three days after the expiration of the 15-working-day period.

An employer whose petition for modification of an abatement date is heard by the board will have the burden of proof to demonstrate that it has made a good-faith effort to comply with the abatement requirements of the citation, but that abatement has not been completed because of factors beyond the employer's reasonable control.

Abatement.

Abatement Verification.

Abatement Certification.

Abatement Documents.

Affected Employee.

Final Order Dates.

Abatement Dates.

Movable Equipment.

Worksite.

The Abatement Verification Regulation, 8 AAC 61.142, which adopts 29 CFR 1903.19, requires those employers who have received a citation(s) for AKOSH violation(s) to certify in writing that they have abated the hazardous condition for which they were cited and to inform affected employees of their abatement actions.

The verification procedures to be followed by an employer depend on the nature of the violation(s) identified and the employer's abatement actions. The abatement verification regulation establishes requirements for the following:

1. Abatement Certification
2. Abatement Documentation
3. Abatement Plans
4. Progress Reports
5. Tagging for Movable Equipment

Where necessary, AKOSH supplements these procedures with follow-up inspections and onsite monitoring inspections. For additional information see Section XII of this chapter, On-site Visits: Procedures for Abatement Verification and Monitoring.

Except for the application of warning tags or citations on movable equipment (29 CFR 1903.19(i), the abatement verification regulation does not impose any requirements on the employer until a citation item has become a final order of the Review Board. For moveable, hand-held equipment, the warning tag or citation must be attached immediately upon the employer receiving the citation. For other movable equipment, the warning tag or citation must be attached prior to moving the equipment within or between worksites.

Abatement certification is the minimum level of abatement verification and is required for all violations once they become Review Board final orders. An exception exists where the CSHO observed abatement during the onsite portion of the inspection, and the violation is listed on the citation as Corrected During Inspection (CDI). See CSHO Observed Abatement contained in this chapter.

The employer's written certification that abatement is complete must include the following information for each cited violation:

1. The date and method of abatement and a statement that affected employees and their representatives have been informed of the abatement;
2. The employer's name and address;
3. The inspection number to which the submission relates;
4. The citation and item numbers to which the submission relates;
5. A statement that the information submitted is accurate; and
6. The signature of the employer or the employer's authorized representative.

   A non-mandatory example of an abatement certification letter is available in Appendix A of the Abatement Verification Regulation (29 CFR 1903.19).

1. All citation items which have become final orders, regardless of their characterizations, require written abatement certification within 10 calendar days of the abatement date.
2. APMA received and processed in accordance with the guidance of the FOM will suspend the 10-day time period for receipt of the abatement certification for the item for which the PMA is requested.
   1. Thus, no citation will be issued for failure to submit the certification within 10 days of the abatement date.
   2. If the PMA is denied, the 10-day time period for submission to AKOSH begins on the day the employer receives notice of the denial.

Pursuant to 29 CFR 1903.19, as adopted in 8 AAC 61.142, documentation of abatement is required for the following:

1. Willful violations;
2. Repeat violations; and
3. Serious violations where AKOSH determines that such documentation is necessary as indicated on the citation.

   VI.C. of this chapter, Abatement Documentation for Serious Violations.

1. Abatement documentation must be accurate and describe or portray the abated condition adequately.
2. The abatement regulation does not mandate a particular type of documentary evidence for any specific cited conditions.
3. The adequacy of the abatement documentation submitted by the employer will be assessed by AKOSH using the information available in the citation and the agency's knowledge of the employer's workplace and history.
4. Examples of documents that demonstrate that abatement is complete include, but are not limited to:
   1. Photographic or video evidence of abatement;
   2. Evidence of the purchase or repair of equipment;
   3. Evidence of actions taken to abate;
   4. Bills from repair services;
   5. Reports or evaluations by safety and health professionals describing the abatement of the hazard or a report of analytical testing;
   6. Documentation from the manufacturer that the article repaired is within the manufacturer's specifications;
   7. Records of training completed by employees if the citation is related to inadequate employee training; and
   8. A copy of program documents if the citation was related to a missing or inadequate program, such as a deficiency in the employer's respirator or hazard communication program.
5. Abatement documentation (photos, employer programs, etc.) shall be retained in accordance with the AKOSH records retention schedule.

High Gravity Serious Violations.

Moderate or Low Gravity Serious Violations.

1. Employers are not required to certify abatement for violations that they promptly abate during the onsite portion of the inspection and that are observed by the CSHO.
   1. The Chief of Enforcement may use discretion in extending the "24-hour" time limit to document abated conditions during the inspection.
   2. Observed abatement will be documented on the OIS Worksheet for each violation and must include the date and method of abatement.
2. If the observed abatement is for a violation that would normally require abatement documentation by the employer, the documentation in the case file must also indicate that abatement is complete. Where suitable, the CSHO may use photographs or video evidence. For additional information regarding adequacy of abatement documentation, see Adequacy of Abatement Documentation in this Chapter.
3. Then the abatement has been witnessed and documented by the CSHO, a notation reading "Corrected During Inspection" or "Quick Fix" shall be made on the citation, as appropriate.

For abatement periods greater than 90 calendar days, the regulation allows the Chief of Enforcement flexibility in whether to require monitoring information.

1. The requirement for abatement plans and progress reports must be specifically associated with the citation item to which they relate.
2. Progress reports may not be required unless abatement plans are specifically required.
3. Note that Paragraphs (e) and (f) of 29 CFR 1903.19 (as adopted in 8 AAC 61.142) have limits: the Chief of Enforcement is not allowed to require an abatement plan for abatement periods less than 91 days or for citations characterized as other-than-serious.
4. The regulation places an obligation on employers, where necessary, to identify how employees are to be protected from exposure to the violative condition during the abatement period. One way of ensuring that interim protection is included in the abatement plan is to note this requirement on the citation. See 29 CFR 1903.19, Non-Mandatory Appendix B, for a sample of an Abatement Plan and Progress Report.

1. The Chief of Enforcement may require an employer to submit an abatement plan for each qualifying cited violation.
   1. The requirement for an abatement plan must be indicated in the citation.
   2. The citation may also call for the abatement plan to include interim measures.
2. Within 25 calendar days from the final order date, the employer must submit an abatement plan for each violation that identifies the violation and the steps to be taken to achieve abatement. The abatement plan must include a schedule for completing the abatement and, where necessary, the methods for protecting employees from exposure to the hazardous conditions in the interim until the abatement is complete (29 CFR 1903.19(e)(2)).
3. In cases where the employer cannot prepare an abatement plan within the allotted time, a PMA must be submitted by the employer to amend the abatement date.

1. An employer that is required to submit an abatement plan may also be required to submit periodic progress reports for each cited violation. In such cases, the citation must indicate:
   1. That periodic progress reports are required and the citation items for which they are required;
   2. The date on which an initial progress report must be submitted, which may be no sooner than 30 calendar days after the due date of an abatement plan;
   3. Whether additional progress reports are required; and
   4. The date(s) on which additional progress reports must be submitted.
2. For each violation, the progress report must identify the action taken to achieve abatement and the date the action was taken. There is nothing in this policy or the regulation prohibiting progress reports as a result of settlement agreements.

1. Long-term abatement is abatement that will be completed more than one year from the citation issuance date.
2. Yhe Chief of Enforcement must require the employer to submit an abatement plan for every violation with an abatement date of more than one year in the future.
3. Progress reports are mandatory and must be required at a minimum every six months. More frequent reporting may be required at the discretion of the Chief of Enforcement.

1. If abatement certification, or any required documentation, is not received within 13 calendar days after the abatement date (the regulation requires filing within 10 calendar days after the abatement date, and another 3 calendar days is added for mailing), the following procedures should be followed:
   1. Remind the employer by telephone of the requirement to submit the material and tell the employer that a citation will be issued if the required documents are not received within 7 calendar days after the telephone call.
   2. During the conversation with the employer, determine why it has not complied with the abatement timelines and document all communication efforts in the case file. Discuss AKOSH's PMA policy and explain that a late petition to modify the abatement date can be accepted only if accompanied by the employer's statement of exceptional circumstances explaining the delay.
   3. Issue a follow-up letter to the employer the same day as the telephone call.
   4. The employer may be allowed to respond via fax or email where appropriate.
2. If the certification and/or documentation are not received within the next 7 calendar days, a single other-than-serious citation will be issued.
3. Normally, citations for failure to submit abatement certification for violations of 29 CFR 1903.19(c) shall not be issued until the above procedures have been followed and the employer has been provided additional opportunity to comply. These pre-citation procedures also apply when abatement plans or progress reports are not received within 13 days of the due date.

1. Citations for failure to submit abatement verification (certification, documentation, abatement plans, or progress reports) can be issued without formal follow-up activities, provided the procedures identified below are followed.
2. A single other-than-serious citation will be issued, combining all instances in which the employer has not submitted abatement certification and/or abatement documentation.
   1. This "other" citation will be issued under the same inspection number that contained the original violations cited.
   2. The abatement date for this citation shall be set 30 days from the date of issuance.

   NOTE: Each violation of 29 CFR 1903.19(c), (d), (e), or (f) with respect to each original citation item is a separate item.

3. For situations where the abatement date falls within the 15-day informal conference time period and an informal conference request is likely, enforcement activities for these citations should be delayed until it is known whether the citation's characterization or abatement period will be modified.
4. For those rare instances where the reminder letter is returned to AKOSH by the Post Office as undeliverable and telephone contact efforts fail, the Chief of Enforcement has the discretion to stop further efforts to locate the employer and document in the case file the reason for the lack of an abatement certification.

1. In initial minor or non-substantive omission in an abatement certification (e.g., lack of a definitive statement stating that the information being submitted is accurate) should be considered a de minimis condition of the regulation.
2. If there are minor deficiencies, such as omitting the inspection number, signature, or date, the employer should be contacted by telephone to verify that the documents received were the ones they intended to submit. If so, the AKOSH date stamp can serve as the document's date.
3. A certification with an omitted signature should be returned to the employer for signature.

The penalty provisions of AS 18.60.095 apply to all citations issued under this regulation. See Chapter 6, Penalties and Debt Collection, for additional information.

Tag-related citations must be observed by CSHOs prior to the issuance of a citation for failure to initially tag cited movable equipment.

See 29 CFR 1903.19, Non-mandatory Appendix C, for a sample warning tag.

1. AKOSH must be able to prove the employer's initial failure to act (tag the movable equipment upon receipt of the citation).
2. There there is insufficient evidence to support a violation of the employer's initial failure to tag or post the citation on the cited movable equipment, a citation may be issued for failure to maintain the tag or copy of the citation using 29 CFR 1903.19(i)(6).

Tags are intended to provide interim protection for employees by notifying those who may not know of the citation or hazardous condition.

1. For non-handheld equipment, CSHOs should make every effort to document the initial location of the violation as precisely as possible. This documentation is critical to enforcing the tagging requirement (29 CFR 1903.19(i)) because the tagging provision is triggered upon equipment movement.
2. For hand-held equipment, employers must attach a warning tag or a copy of the citation immediately after the employer's receipt of the citation. The attachment of the tag is not dependent on any subsequent movement of the equipment.

Like tag-related citations, CSHOs shall investigate an employer's failure to notify employees by posting.

Where an employer claims that posting at the location where the violation occurred would ineffectively inform employees (29 CFR 1903.19(g)(2)) the employer may post the document or a summary of the document in a location where it will be readily observable by affected employees and their representatives. Employers may also communicate with affected employees and their representatives by other means regarding abatement activities.

The CSHO must determine not only whether the documents or summaries were appropriately posted, but also whether, as an alternative, other communication methods, such as meetings or employee publications, were used.

1. Construction activities pose situations requiring special consideration.
   1. Construction site closure or hazard removal due to the completion of the structure or project will only be accepted as abatement without certification where the area office CSHO verifies the site closure/completion and where closure/completion effectively abates the condition cited.
   2. In all other circumstances, the employer must certify to AKOSH that the hazards have been abated by the submission of an abatement certification. In rare cases, verification may have to cease, and the abatement action closed through the cessation of work or by verifying abatement with the general contractor on site.
2. Equipment-related and all program-related violations (e.g., crane inspection, hazard communication, respirator, training, competent person, qualified persons, etc.) will always require employer certification of abatement, regardless of construction site closure.
3. There the violation specified in a citation is the employer's general practice of failing to comply with a requirement (e.g., the employer routinely fails to provide fall protection at its worksites), closure/completion of the individual worksite will not be accepted as abatement.
4. There a follow-up inspection to verify abatement is deemed necessary, AKOSH will determine the most efficient approach to conducting the inspection.

1. Follow-up or monitoring inspections would not normally be conducted when evidence of abatement is provided by the employer or employee representatives. For further information on exceptions for Severe Violator Enforcement Program (SVEP) cases, see the most current version of the Severe Violator Enforcement Program (SVEP), as adopted by AKOSH.

   NOTE: For further information on extended abatement periods, see Section VII, Monitoring Information for Abatement Periods Greater than 90 Days, and Section XIII, Monitoring Inspections, both of this chapter.

2. There the employer has not submitted the required abatement certification or documentation within the time permitted by the regulation, the Chief of Enforcement has discretion to conduct a follow-up inspection.
3. Submission of inadequate documents may also be the basis for a follow-up inspection.
4. This inspection should not generally occur before the end of the original 15-day contest period, except in unusual circumstances.

The primary purpose of a follow-up inspection is to determine if the previously cited violations have been corrected.

• For any inspection that results in an SVEP case, an enhanced follow-up inspection will normally be conducted, even if the cited violation(s) have been abated. The primary purpose of follow-up inspections is to assess both whether the cited violation(s) were abated and whether the employer is committing similar violations.
• If there is a compelling reason not to conduct a follow-up inspection, the reason must be documented in the file.
• Grouped and combined violations from the original inspection will be counted as one violation for SVEP purposes.
• For further information on exceptions for Severe Violator Enforcement Program (SVEP) cases, see the most current version of the Severe Violator Enforcement Program (SVEP), as adopted by AKOSH.

1. The initial follow-up is the first follow-up inspection after issuance of the citation.
2. If a violation is found not to have been abated, the CSHO shall inform the employer that the employer is subject to a Notification of Failure to Abate Alleged Violation and proposed additional daily penalties while such failure or violation continues.
3. Failure to comply with enforceable interim abatement dates involving multi-step abatement shall be subject to a Notification of Failure to Abate Alleged Violation.
4. There the employer has implemented some controls, but the control measures were inadequate during follow-up monitoring, and other technology was available that would have brought the process into compliance, a Notification of Failure to Abate Alleged Violation shall normally be issued. If the employer has acted in good faith, a late PMA due to extenuating circumstances may be considered.
5. There an apparent failure to abate by means of engineering controls is found to be due to technical infeasibility, no failure to abate notice shall be issued; however, if proper administrative controls, work practices or personal protective equipment are not utilized, a Notification of Failure to Abate Alleged Violation shall be issued.

1. Any subsequent follow-up after the initial follow-up inspection dealing with the same violations is considered a second follow-up.
   1. After the Notification of Failure to Abate Alleged Violation has been issued, the Chief of Enforcement shall allow a reasonable time for abatement of the violation before conducting a second follow-up. The employer must ensure that employees are adequately protected by other means until the violations are corrected.
   2. If the employer contests the proposed additional daily penalties, a follow-up inspection shall still be scheduled to ensure correction of the original violation.
2. If a second follow-up inspection reveals that the employer has not corrected the original violations, a second Notification of Failure to Abate Alleged Violation with additional daily penalties shall be issued if the Chief of Enforcement, after consultation with the Director of Labor Standards and Safety and the Assistant Attorney General, believes it to be appropriate.
3. If a Notification of Failure to Abate Alleged Violation and additional daily penalties are not to be proposed because of an employer's flagrant disregard of a citation or an item on a citation, the Chief of Enforcement shall immediately contact the Director of Labor Standards and Safety, in writing, detailing the circumstances so the matter can be referred to the Assistant Attorney General for action, as appropriate.

1. Follow-up inspection reports shall be included with the original initial inspection case file. The applicable identification and description sections of the OIS Violation Worksheet shall be used to document the correction of willful, repeated, and serious violations and the failure to correct items during follow-up inspections.
2. If Serious, Willful, or Repeat violation items were appropriately grouped in the OIS Violation Worksheet in the original case file, they may be grouped on the follow-up OIS Violation Worksheet; otherwise, individual OIS Violation Worksheets shall be used for each item. The correction of other-than-serious violations may be documented in the narrative portion of the case file.
3. Documentation of Hazard Abatement by Employer.
   1. The hazard abatement observed by the CSHO shall be specifically described in the OIS Violation Worksheet, including any applicable dimensions, materials, specifications, personal protective equipment, engineering controls, measurements or readings, or other conditions.
   2. Brief terms such as "corrected" or "in compliance" will not be accepted as proper documentation for violations having been corrected.
   3. When appropriate, this written description shall be supplemented by a photograph and/or a videotape to illustrate correction circumstances.
   4. Only the item description and identification blocks need be completed on the follow-up OIS Violation Worksheet with an occasional inclusion of an applicable employer statement concerning correction under the employer knowledge section, if appropriate.
4. Sampling.
   1. CSHOs conducting a follow-up inspection to determine abatement of violations of air contaminant or noise standards shall decide whether sampling is necessary and, if so, what kind (i.e., spot sampling, short-term sampling, or full-shift sampling).
   2. If there is a reasonable probability that a Notification of Failure to Abate Alleged Violation will be issued, full-shift sampling is required to verify exposure limits based on an 8-hour time-weighted average.
5. Narrative.

   The CSHO must include in the narrative the findings pursuant to the inspection, along with recommendations for action. In order to make a valid recommendation, it is important to have all the pertinent factors available in an organized manner.

6. Failure to Abate.

   In the event that any item has not been abated, complete documentation shall be included on an OIS Violation Worksheet.

Monitoring inspections are conducted to ensure that hazards are corrected and employees are protected when an establishment needs a long period to come into compliance. Such inspections may be scheduled, among other reasons, as a result of:

• Abatement dates exceeding one year.
• A petition for modification of abatement date (PMA).
• To ensure that the terms of a permanent variance are being carried out.
• At the request of an employer, technical assistance was granted by the Chief of Enforcement.

Monitoring inspections shall be conducted in the same manner as follow-up inspections. An inspection shall be classified as a monitoring inspection when a safety/health inspection is conducted for one or more of the following purposes:

• Determine the progress an employer is making toward final correction.
• Ensure the target dates for a multi-step abatement plan are met.
• Ensure that an employer's petition to modify abatement dates is made in good faith and that the employer has attempted to implement necessary controls as expeditiously as possible.
• Ensure employees are properly protected until final controls are implemented.
• Ensure that the terms of a permanent variance are being carried out.
• Provide abatement assistance for items under citation.

1. onitoring visits shall be scheduled to check progress made whenever abatement dates extend beyond one year from the issuance date of the citation.
2. hese inspections shall be conducted approximately every six months, counted from the citation date, until final abatement has been achieved for all cited violations.
   1. If the case has been contested, the final order date shall be used as a starting point, instead of the citation date.
   2. A settlement agreement may specify an alternative monitoring schedule.
   3. If the employer submits satisfactory quarterly progress reports and the Chief of Enforcement agrees after careful review that these reports reflect adequate progress on implementation of control measures and adequate interim protection for employees, a monitoring inspection may be conducted every twelve months.
3. uch inspections shall have priority equal to those of serious formal complaints. The seriousness of the hazards requiring abatement shall determine the priority among monitoring inspections.

1. he Chief of Enforcement shall take the steps necessary to ensure that the employer is making a good-faith attempt to affect abatement as expeditiously as possible.
2. here engineering controls have been cited or required for abatement, a monitoring inspection shall be scheduled to evaluate the employer's abatement efforts. Failure to conduct a monitoring inspection shall be fully explained in the case file.
3. here no engineering controls have been cited but more time is needed for other reasons not requiring assistance from AKOSH, such as delays in receiving equipment, a monitoring visit need not normally be scheduled.
4. onitoring inspections shall be scheduled as soon as possible after the initial contact with the employer and shall not be delayed until actual receipt of the PMA.
5. SHOs shall decide during the monitoring inspection whether sampling is necessary and, if so, to what extent; i.e., spot sampling, short-term sampling, or full-shift sampling.
6. SHOs shall include pertinent findings in the narrative along with recommendations for action. To reach a valid conclusion when recommending action, it is important to have all relevant factors organized. The factors to be considered may include, but are not limited to, the following:
   1. Progress reports or other indications of the employer's good faith, demonstrating effective use of technical expertise and/or management skills, accuracy of information reported by the employer, and timeliness of progress reports.
   2. The employer's assessment of the hazards by means of surveys performed by in-house personnel, consultants, and/or the employer's insurance agency.
   3. Other documentation collected by AKOSH personnel, including verification of progress reports, success and/or failure of abatement efforts, and assessment of current exposure levels of employees.
   4. Employer and employee interviews.
   5. Specific reasons for requesting additional time, including specific plans for controlling exposure and specific calendar dates.
   6. Personal protective equipment.
   7. Medical programs.
   8. Emergency action plans.

A Notification of Failure to Abate an Alleged Violation shall be issued when violations have not been corrected as required, as verified by an onsite or follow-up inspection.

Failure to abate penalties shall be applied when an employer has not corrected a previously cited violation that has become a final order of the Board.

1. Gravity-Based Penalty (GBP) for unabated violations is to be calculated for failure to abate a serious or other-than-serious violation on the basis of the facts noted upon re-inspection.
2. etailed information on calculating failure-to-abate (FTA) penalties is provided in Chapter 11, Penalties and Debt Collection.

The closing of a case file without abatement certification(s) must be justified through a statement in the case file by the Chief of Enforcement, addressing the reason for accepting each uncertified violation as an abated citation.

AKOSH will endeavor to review employer-submitted abatement verification materials as soon as possible, but no later than 30 days after receipt. If the review is delayed, notify the employer that the material will be reviewed by a certain date, and that the case will be closed if appropriate, after that time.

Abatement documentation (photos, employer programs, etc.) shall be retained in accordance with the AKOSH records retention schedule.