CHAPTER
OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION (OSHA)
11.1 General
OSHA evaluates Executive Branch agencies for compliance with Section 19 of
the Occupational Safety and Health Act, Executive Order 12196, 29 CFR 1960
Basic Program Elements for Federal Employee Occupational Safety and Health
Programs.
OSHA also conducts inspections of Federal work sites to determine compliance
with OSHA safety and health standards. These inspections include:
a) Imminent Danger Inspections
Responding to employee complaints of imminent danger situations are
OSHAʼs top priority. An imminent danger is a hazard that could cause death
or serious physical harm immediately, or before the danger could be eliminated
through normal enforcement procedures.
b) Fatality/Catastrophe Investigations
All Federal agencies are required to conduct an investigation of each fatal or
catastrophic incident. OSHA has authority to investigate fatal or catastrophic
accidents to Federal employees on their own, or participate in the agencyʼs
investigation.
c) Reports of Unsafe or Unhealthful Working Conditions (Complaints)
OSHA has authority over complaints filed by Federal employees. The
complaint may be handled by notifying the agency by telephone or by letter
of the complaint and request the agency investigate the alleged violation and
report their findings to OSHA. OSHA may also elect to conduct an on-site
inspection.
d) Targeted Inspections
Targeted inspections are inspections at Federal work sites that have lost time
case rates that exceed the Federal Government average.
e) Safety and Health Program Evaluations
Inspections initiated based on complaints from Federal employees or employee
representatives of allegations of violations of citable program elements of
29 CFR Part 1960.
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11.2 Authority
OSHAʼs authority to conduct unannounced inspections at Federal agency
establishments is contained in:
 Section 19 of the Occupational Safety and Health Act
 Executive Order 12196
 29 CFR Part 1960, Basic Program Elements for Federal Employee
Occupational Safety and Health Programs
11.3
OSHA Inspections
Compliance officers will display official credentials when they arrive at the CBP
work site and will request to see the appropriate management representative.
An opening conference will be held and the compliance officer will explain the
purpose of the visit, the scope of the inspection, and the standards that apply.
A copy of any employee complaint that may be involved (with the employeeʼs
name deleted, if the employee has requested anonymity) will be provided to
management. CBP management will be asked to select an employer representative
to accompany the compliance officer during the inspection. An authorized
representative of the employees will also be asked to go along.
After the opening conference, the compliance officer may conduct a records
review. The compliance officer may request to see the Log of Occupational
Injuries and Illnesses, CA-1/CA-2/CA-6 forms, training records, CBP Safety
and Health policy documents, and written programs required by specific OSHA
standards such as hazard communication program, respiratory protection plan,
or confined space entry program. The compliance officer and the accompanying
management and employee representatives will proceed through the facility
to inspect work areas for safety or health hazards. During the inspection, the
compliance officer may consult with a reasonable number of employees.
At the conclusion of the inspection, the compliance officer will conduct a closing
conference with management and employee representatives. The compliance
officer will review any apparent violations, discuss possible methods and
time periods necessary for their correction, describe managementʼs rights and
responsibilities, and answer questions.
11.4 Violations
After an inspection of a CBP work site, OSHA will issue a Notice of Unsafe or
Unhealthful Working Conditions, OSHA-2H Form (OSHA Notice) if alleged
violation(s) of Executive Order 12196, 29 CFR Part 1960, or OSHA Safety and
Health Standards were found. Copies of all OSHA Notices shall be forwarded to
the Management Official within 3 working days of receipt.
During the closing conference each apparent violation found during the inspection
will be discussed. The compliance officer will discuss:
 The nature of the violation,
 Possible abatement measures that may be taken to correct the identified
condition, and
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
Possible abatement dates CBP management may be required to meet.
There are four types of violations the compliance officer may cite:
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11.5
WILLFUL: A willful violation is defined as a violation in which the employer
either knowingly failed to comply with a legal requirement or acted with plain
indifference to employee safety.
SERIOUS: A serious violation exists when the workplace hazard could cause
an accident or illness that would most likely result in death or serious physical
harm, unless the employer did not know or could not have known of the
violation.
REPEATED: A Federal agency may be cited for a repeated violation if
the agency has been cited previously for the same, or substantially similar
condition and, for a serious violation, OSHAʼs region wide inspection history
for the agency lists a previous OSHA Notice issued within the past 3 years; or,
for an other-than-serious violation, the establishment being inspected received
a previous OSHA Notice issued within the past 3 years.
OTHER-THAN-SERIOUS: A violation that has a direct relationship to job
safety and health, but is not serious in nature.
Posting Requirements
If a CBP establishment receives a Notice of Unsafe or Unhealthful Working
Conditions, it must be posted (or a copy of it) at or near the place where each
violation occurred to make employees aware of the hazards to which they may be
exposed. The OSHA Notice must remain posted for 3 working days or until the
hazard is abated, whichever is longer. (Saturdays, Sundays and Federal holidays
are not counted as working days).
11.6 Compliance Options
After an OSHA Notice has been issued, management may:
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Correct the condition by the date set in the OSHA Notice and/or,
Request an Informal Conference within 15 working days from the date the
OSHA Notice is received,
Contact the OSHA Area Director and discuss the violations and/or the
abatement dates.
11.7 Request for an Informal Conference
The management official in charge of the facility may request an informal
conference with the OSHA Area Director to discuss the alleged violations. The
informal conference may be used to:

Obtain a better explanation for the violations cited.

Obtain a more complete understanding of the specific standards that apply.

Discuss ways to correct violations.

Discuss issues concerning the abatement dates.
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Discuss issues concerning employee safety practices.
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Resolve disputed violations.
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Obtain answers to any other questions.
Managers are encouraged to take advantage of the opportunity to have an informal
conference if they foresee any difficulties in complying with any part of the Notice
of Unsafe or Unhealthful Working Conditions. Employee representatives have the
right to participate in any informal conference or negotiations between the Area
Director and CBP management.
If the management official in charge of the facility agrees that the violations
do exist, but has a valid reason for wishing to extend the abatement date(s), the
manager may discuss this with the Area Director during the informal conference.
The Area Director may issue an amended Notice of Unsafe or Unhealthful
Working Conditions that changes the abatement date prior to the expiration of the
15 working day period.
11.8 Petition for Modification of Abatement (PMA)
The OSHA notice will assign an abatement date by which time the hazard must be
corrected. If unable to meet an abatement date because of uncontrollable events
or other circumstances, the manager in charge of the facility may file a Petition for
Modification of Abatement (PMA) with the OSHA Area Director.
The petition must be in writing and must be submitted no later than one working
day after the abatement date. To show clearly that a good-faith effort to comply has
been made, the PMA must include all of the following information before it can be
considered by the OSHA Area Director:

Steps taken to achieve compliance and dates they were taken;
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Additional time needed to comply;
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Why the additional time is needed;
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Interim steps management is taking to safeguard employees against the cited
hazard(s) until the abatement; and
A certification that the petition has been posted, the date of posting and, when
appropriate, a statement that the petition has been furnished to an authorized
representative of the affected employees. The petition must remain posted for
10 working days, during which employees may file an objection.
A PMA may be granted or objected to by the OSHA Area Director. If a PMA is
granted, a monitoring inspection may be conducted to ensure that conditions are
as they have been described and that adequate progress toward abatement has
been made. When agreement to extend the abatement date cannot be reached at
the Area Office, CBP management may bring unresolved issues to the Regional
Administrator/Federal Agency Program Officer for resolution with his/her
counterpart in the agency. Issues not resolved at the regional level shall be
forwarded to the Assistant Commissioner, HRM for resolution with OSHAʼs
Office of Federal Agency Programs in Washington, D.C.
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11.9 Follow Up Inspection and Failure to Abate
If a CBP facility receives a Notice of Unsafe or Unhealthful Working Conditions,
OSHA may conduct a follow up inspection to verify the following has been done:
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Posted the OSHA Notice as required,
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Corrected the violations as required in the OSHA Notice, and/or
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Adequately protected employees and made appropriate progress in correcting
the hazards during multi-step or lengthy abatement periods.
Any new violations discovered during a follow up inspection will be cited,
as well as any hazards which have not been abated by the abatement date so
specified on the OSHA Notice. The latter violations may be cited in the form of
a Failure to Abate Notice.
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