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This document outlines the decision of the Occupational Safety and Health Review Commission regarding the failure-to-abate notifications against Hercules, Inc. related to recordkeeping violations
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How to fill out Decision on Failure-to-Abate

01
Begin with the header: 'Decision on Failure-to-Abate'.
02
Clearly state the date of the original citation.
03
Identify the location and details of the worksite.
04
List the specific violations cited in the original notice.
05
Provide evidence or documentation of the failure to abate.
06
Explain the timeframe given to abate the violations.
07
Determine and state the penalties imposed for the failure to abate.
08
Include a section for any comments or additional information.
09
Sign the document and include the date.

Who needs Decision on Failure-to-Abate?

01
Employers who have received a citation from an enforcement agency and failed to correct the cited violations.
02
Compliance officers and safety inspectors dealing with abatement issues.
03
Legal professionals and consultants advising clients on workplace safety regulations.
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OSHA Penalties Type of ViolationPenalty Serious Other-Than-Serious Posting Requirements $16,550 per violation Failure to Abate $16,550 per day beyond the abatement date Willful or Repeated $165,514 per violation
The employer may contest the citation within fifteen working days (during which OSHA typically schedules an informal conference) and settle the case with OSHA at any time via a signed, written agreement that addresses all material terms and resolves all contested issues.
You can call their hotline at 1-800-321-OSHA (6742) or file a complaint online. Follow through with your complaint: Even after your suspension, you can still pursue your OSHA complaint.
Employer Options As an employer who has been cited, you may: Correct the condition by the date set in the OSHA Notice and/or, Request an Informal Conference within 15 working days from the time you received the OSHA Notice with the OSHA Area Director to discuss the violations and/or the abatement dates.
The employer may contest the citation within fifteen working days (during which OSHA typically schedules an informal conference) and settle the case with OSHA at any time via a signed, written agreement that addresses all material terms and resolves all contested issues.
OSHA Top 10 Most Frequently Cited Standards for 2023 Fall Protection — General Requirements (1926.501): 7,271 violations. Hazard Communication (1910.1200): 3,213 violations. Ladders (1926.1053): 2,978 violations. Scaffolding (1926.451): 2,859 violations. Powered Industrial Trucks (1910.178): 2,561 violations.
Abatement means action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by OSHA during an inspection. For each inspection, except follow-up inspections, OSHA shall open an employer-specific case file.

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The Decision on Failure-to-Abate is a citation issued by regulatory authorities when an employer fails to correct a previously identified safety violation within the stipulated time frame.
Employers who have been cited for safety violations and have not addressed the violations by the deadline are required to file a Decision on Failure-to-Abate.
To fill out a Decision on Failure-to-Abate, employers should provide the citation number, details of the violation, the original deadline for abatement, and the reasons for failure to comply. Additionally, any steps taken to address the violation should be documented.
The purpose of the Decision on Failure-to-Abate is to formally identify the lack of compliance with safety regulations, allowing for further enforcement actions and potential penalties against the employer.
The Decision on Failure-to-Abate must report information including the citation details, dates of initial citation and failure to abate, specific violations, and any communications or actions taken by the employer regarding the compliance.
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