This memorandum is intended to reiterate existing policy that allows Regional Administrators and Area Directors discretion to NOT GROUP VIOLATIONS in appropriate cases to achieve a deterrent effect. In particular, the agency may refrain from grouping violations where there is evidence that worksite conditions giving rise to the violations are
- separate and distinct, or
- where different conduct gave rise to the violations
In cases where grouping does not elevate the gravity or classification and resulting penalty, then violations should not be grouped if the evidence allows for separate citations. In situations where an existing directive encourages grouping, discretion may be used to cite separately, such as but not limited to, in cases where violations have differing abatement methods, each violative condition may result in death or serious physical harm, and each violative condition exposes workers to a related but different hazard. Area Offices shall document decisions not to group violations in the case file when discretion is used to achieve an additional deterrent effect.