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OSHA Announces Significant Expansion of “Instance-by-Instance” Citation Policy

Jason Yost • January 28, 2023

OSHA Announces Significant Expansion of “Instance-by-Instance” Citation Policy

Why it matters to you

Late on January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release concerning a long-standing policy related to instance-by-instance (IBI) issuance of citations. I realize that some of you are reading this thinking, “What does it have to do with me?” Well, I’ll touch on that later in the blog, but before I do, I want to touch on the policy change, expressed in this press release. 

Firstly, understand that this isn’t a new law. I’ve, already, read many lawyers and business owners, who believe this is an over-reach (i.e., OSHA is acting without legal grounds for their actions). Unfortunately, that’s not true. The practice of issuing citations on an IBI basis has been around since 1990; for example, OSHA Instruction CPL 02-00-080, issued on October 21, 1990, describes the policy, criteria for application, and the penalties that go along with enforcement of the policy. 

mold remediation safety

Since 1990, however, enforcement agencies have not regularly used the IBI policy, preferring, instead, to group violations in a manner that reduced or eliminated penalties and citations on employers. And that’s one of the factors that has led to this change in policy. OSHA is announcing, via this press release and a companion enforcement memorandum, that “to save lives, target employers who put profit over safety” the policy change is taking place, seeking “to hold employers to greater account for safety, health failures.” By not grouping violations, employers will be investigated, investigation findings thoroughly documented (e.g., type of material handled, equipment at the worksite, facility or workplace conditions, human factors, and Personal Protective Equipment (or PPE)), and citations/penalties issued to the employer. The updated enforcement memorandum reminds regional administrators and area directors of their authority not to group violations and some of the standards that OSHA seeks to see enforced via this policy change (e.g., the respiratory protection program). 

In short, this means employers could see more citations and/or penalties from OSHA beginning in late February of 2023. 

If you’re not a business owner or manager, you may be asking, “What does this have to do with me?” 

displaced family due to prolonged remediation

If you keep up with my blogs, you’ll learn more and more about some of the environmental stressors (i.e., hazards) that can be associated with the indoor environment and their impact on biological systems (e.g., mold, bacteria, and volatile organic compounds). And the more you come to understand, the more you can appreciate the role of the assessors, remediators, and restorers who serve you in times of need. It should be established, though, that if a contractor doesn’t care about his/her-self or employees enough to comply with workplace safety and health laws, how can you trust them with your safety and health? Your employees’? Your customers’? Your family’s? Additionally, if employers don’t organize for compliance, the cost of these penalties will cause an increase in cost to consumers. These costs may include: (1) the cost of services or products provided, (2) increased safety and health liabilities on you and other building occupants, (3) increased project times (i.e., it takes them a lot longer to get the job done, which could translate into you having to be relocated for longer periods of time), and (4) other unwanted liabilities. 

Gulf Coast Center for Indoor Air Quality Services provides third-party, accredited assessment, documentation, consultation, protocol generation and other relevant services to help you and your contractors eliminate unwanted liabilities. To learn more about how we can serve you, contact us for a free, no-obligation review of your circumstances. 

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