United States
Hong KongInspections, citations and abatement
An inspection runs from opening conference through walkaround to closing conference. Citations are classified from other-than-serious through serious to willful and repeat, and an employer has 15 working days to contest.
What actually happens when an inspector arrives, and what the paperwork afterwards means.
The sequence
- Presentation of credentials
- Opening conference, explaining the scope
- Walkaround, with employer and employee representatives entitled to accompany
- Employee interviews
- Closing conference, discussing apparent violations
The employee representative's right to accompany the walkaround is a real entitlement and it appears in questions.
Citation classifications
| Classification | Means |
|---|---|
| Other-than-serious | Related to safety and health but unlikely to cause death or serious harm |
| Serious | Substantial probability of death or serious physical harm, and the employer knew or should have known |
| Willful | Intentional disregard, or plain indifference |
| Repeat | A substantially similar violation previously cited |
"Knew or should have known" is the phrase. An employer who could reasonably have discovered the hazard is treated as having known about it, which is why a competent person's inspections matter so much.
Abatement
The citation sets a date by which the violation must be corrected. Failure to abate carries additional penalties for each day past the date.
Where abatement will take longer, a petition for modification of abatement date may be filed.
Posting
A citation is posted at or near the place of the violation for three days or until the violation is corrected, whichever is longer. Employees have to be able to see it. Fifteen working days.
Contesting
Fifteen working days from receipt. After that the citation becomes a final order and cannot be reviewed.
Common questions
What are the OSHA citation classifications?
Other-than-serious, serious, willful and repeat.
What makes a violation serious?
A substantial probability of death or serious harm, where the employer knew or should have known of the hazard.
How long must a citation be posted?
Three days or until the violation is corrected, whichever is longer.
How long to contest?
15 working days from receipt, after which the citation becomes a final order.
Can employees join the walkaround?
Yes. An employee representative is entitled to accompany the inspection.