Can OSHA require abatement when no citation has been issued? (OSHRC and enterprise-wide abatement)

As some of you may recall the Post Office got hammered by OSHA some years ago, and from those inspections, OSHA asked for abatement across all post office locations.  One of those items was related to heat stress, and I might add that already this summer we have seen another heat stroke fatality within the USPS.  The crux of the USPS’s argument is that there can be no abatement when no citation has might. Meaning that OSHA can not require a business to abate a hazard they have not discovered, thus requiring abatement at USPS location where OSHA did not identify the hazard is unconstitutional.  This decision just basically told the USPS their argument was not a winning argument and the case proceeds, but I did find their argument interesting and thought some Corporate Safety Leaders may find this decision helpful.

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