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 Citation and Notification of Penalty Assignment

 Citation and Notification of Penalty Assignment

Instructions
For this assignment, begin by reading the  Citation and Notification of Penalty  pdf attached . 
Next, assume you are the safety director for Acme Widget Factory. Your company recently had an OSHA inspection and received the Notice of Citations and Penalties in the mail.
 
You managed to schedule an informal conference with the area director at the regional OSHA office 5 days after you received the Notice of Citations and Penalty. Based on the citations and penalties provided, prepare a document that lists the citations and penalties you wish to discuss with the area director.
You should summarize what you are trying to accomplish in regard to each citation/penalty you choose to discuss, to include:
information you would use to help reduce the proposed citation/penalty to include the proposed action to resolve the issue;
documents you would take with you to the informal conference; and
who will accompany you to the meeting and their role.
In addition to the information above, discuss penalties that may be issued if the employer fails to correct a violation in which a citation has been issued.
U.S. Department of Labor
Occupational Safety and Health Administration
Denver Commons Office Plaza
111 Main St., Suite 111
Denver, CO 11111
Phone: (111) 111-1111 FAX: (222) 222-2222
Citation and Notification of Penalty
To:
Acme Widget Factory
and its successors
1 Factory Lane
Inglewood, CO 11111-1111
Inspection Site:
1 Factory Lane
Inglewood, CO 11111-1111
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
The violation(s) described in this citation and
Notification of Penalty is (are) alleged to have
occurred on or about the day(s) the inspection
was made unless otherwise indicated within the
description given below.
This Citation and Notification of Penalty (this citation) describes violations of the Occupational
Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations.
You must abate the violations referred to in this citation by the dates listed, and pay the
penalties proposed unless, within 15 working days (excluding weekends and federal holidays)
from your receipt of this Citations and Notification of Penalty, you mail a notice of contest to the
U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed
booklet (OSHA 300) which outlines your rights and responsibilities and should be read in
conjunction with this form. Issuance of this citation does not constitute a finding that a violation
of the Act has occurred unless there is a failure to contest as provided for in the Act or, if
contested, unless this citation is affirmed by the Review Commission or a court.
Posting – The law requires that a copy of this Citation and Notification of Penalty be posted
immediately in a prominent place at or near the location of the violation(s) cited herein, or, if it is
not practicable because of the nature of the employer’s operations, where it will be readily
observable by all affected employees. This citation must remain posted until the violation(s)
cited herein has (have) been abated, or for 3 working days (excluding weekends and federal
holidays)—whichever is longer. The penalty dollar amounts need not be posted and may be
marked out or covered up prior to posting.
Informal Conference – An informal conference is not required. However, if you wish to have
such a conference you may request one with the area director during the 15 working day
contest period. During such an informal conference, you may present any evidence or views
which you believe would support an adjustment to the citation(s) and/or penalty(ies).
If you are considering a request for an informal conference to discuss any issues related to this
Citation and Notification of Penalty, you must take care to schedule it early enough to allow time
to contest after the informal conference, should you decide to do so. Please keep in mind that a
written letter of intent to contest must be submitted to the area director within 15 working days of
your receipt of this citation. The running of this contest period is not interrupted by an informal
conference.
If you decide to request an informal conference, please complete, remove, and post the page 4
Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date,
and place of the informal conference have been determined. Be sure to bring to the conference
any and all supporting documentation of existing conditions, as well as any abatement steps
taken thus far. If conditions warrant, we can enter into an informal settlement agreement which
amicably resolves this matter without litigation or contest.
Right to Contest – You have the right to contest this Citation and Notification of Penalty. You
may contest all citation items or only individual items. You may also contest proposed penalties
and/or abatement dates without contesting the underlying violations. Unless you inform the
area director in writing that you intend to contest the citation(s) and/or proposed
penalty(ies) within 15 working days after receipt, the citation(s) and the proposed
penalty(ies) will become a final order of the Occupational Safety and Health Review
Commission and may not be reviewed by any court or agency.
Penalty Payment – Penalties are due within 15 working days of receipt of this notification
unless contested. (See the enclosed booklet and the additional information provided related to
the Debt Collection Act of 1982.) Make your check payable to “DOL-OSHA”. Please indicate the
inspection number on the remittance.
OSHA does not agree to any restrictions or conditions or endorsements put on any check or
money order for less than the full amount due and will cash the check or money order as if
these restrictions, conditions, or endorsements do not exist.
Notification of Corrective Action – For each violation which you do not contest, you are
required by 29 CFR 1903.19 to submit an Abatement Certification to the area director of the
OSHA office issuing the citation, identified above. The certification must be sent by you within
10 calendar days of the abatement date indicated on the citation. For willful and repeat
violations, documents (e.g., photos, copies of receipts, training records) demonstrating that
abatement is complete must accompany the certification. Where the citation is classified as
serious and the citation states that abatement documentation is required, documents such as
those described above are required to be submitted along with the abatement certificate. If the
citation indicates that the violation was corrected during the inspection, no abatement
certification is required for that item.

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