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DLLR's Division of Labor and Industry

 

MOSH Instruction 07-11 - Maryland Occupational Safety and Health (MOSH)

 
To: All MOSH Personnel
   
From: Roger Campbell, Assistant Commissioner
Subject: Citation Order, Grouping, Numbering, and Characterization of Citations for the Notice of Citation and Penalty
 
Cancellation: MOSH Memorandum 99-6
 
Effective Date: October 1, 2007
 
Date: January 24, 2008
 

A. Purpose: To establish uniform guidelines for the order and grouping of standards, and the numbering and characterization of citations to ensure consistency throughout the five regions.

B. Action:

1. OSHA-1Bs shall be numbered and grouped in accordance with the following rules:

  1. Citation 1 is for citations characterized as Serious unless no Serious citations are being recommended for issuance.
     
  2. Citation 2 is for citations characterized as OTS except when Willful or Repeat violations are being recommended for issuance.
     
  3. When Willful and Repeat citations are both recommended Citation 2 is for those violations characterized as Willful and Citation 3 is for those violations characterization as Repeat.
     
  4. Repeat violations are characterized as Repeat regardless of severity. The characterization of a citation as Repeat Serious and Repeat OTS is no longer to be used.
     
  5. Related Serious violations may be grouped for penalty purposes when the hazard and the source of the hazard are the same. As a general rule related Serious violations are to be grouped for penalty purposes. Factors which might influence not grouping related Serious violations could be an employer's attitude during an inspection or an employer's history.
     
  6. Training violations may be grouped with related Serious violations for penalty purposes only when an employer employs 250 or less employees (total).
     
  7. OTS violations may be grouped with related OTS violations for penalty purposes only when an employer employs 250 or less employees (total).
     
  8. OTS violations shall not be grouped with related Serious violations for penalty purposes.

2. The order of standards, rules, and regulations on the Citation and Notice of Penalty shall be as follows:

  1. 29 CFR 1904, 29 CFR 1910, 29 CFR 1926, Labor & Employment Article (L & E), Code of Maryland Regulations (COMAR).
     
  2. The order of violations of a standard, rule, or regulation within a Citation shall always start with the lowest number and proceed to the highest number.

3. Failure To Correct violation(s) shall be issued with the same Citation and Item number(s) as on the original Citation and Notification of Penalty, and are issued on a separate Citation and Notification of Penalty document.

4. Compliance supervisors shall ensure that compliance officers are trained in the contents of this Instruction.

Roger Campbell, Assistant Commissioner, MOSH

Attachments

 

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing and Regulation
Office of Administrative Hearings

 

Appendix-A: Examples

Example 1:

Citation 1 Serious
Citation 2 OTS

Citation 1 Serious
Citation 2 Willful
Citation 3 OTS

Citation 1 Serious
Citation 2 Repeat
Citation 3 OTS

Citation 1 Serious
Citation 2 Willful
Citation 3 Repeat
Citation 4 OTS

Example 2:
Citation 1 Item 1a 29 CFR 1910.132(d)(1)
Citation 1 Item 1b 29 CFR 1910.132(f)(1)
Citation 1 Item 1c 29 CFR 1910.133(a)(1)
Citation 1 Item 2a 29 CFR 1910.219(d)(1)
Citation 1 Item 2b 29 CFR 1910.219(f)(3)
Citation 1 Item 3 29 CFR 1910.303(g)(2)(i)
Citation 1 Item 4 29 CFR 1910.305(b)(1)(i)
Citation 1 Item 5a 29 CFR 1910.1200(e)(1)
Citation 1 Item 5b 29 CFR 1910.1200(g)(8)
Citation 1 Item 5c 29 CFR 1910.1200(h)(1)
Citation 1 Item 6 L & E Article 5-104(a)

Citation 2 Item 1 29 CFR 1904.4(a)
Citation 2 Item 1 29 CFR 1910.24(e)
Citation 2 Item 1 L & E Article 5-405(d)
Citation 2 Item 1 L & E Article 5-406(a)(1)
Citation 2 Item 1 COMAR 09.12.33.03.B

 
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