[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1903.18]

[Page 37]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1903--INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents
 
Sec. 1903.18  Failure to correct a violation for which a citation has been 
issued.

    (a) If an inspection discloses that an employer has failed to 
correct an alleged violation for which a citation has been issued within 
the period permitted for its correction, the Area Director shall, if 
appropriate, consult with the Regional Solicitor, and he shall notify 
the employer by certified mail or by personal service by the Compliance 
Safety and Health Officer of such failure and of the additional penalty 
proposed under section 17(d) of the Act by reason of such failure. The 
period for the correction of a violation for which a citation has been 
issued shall not begin to run until the entry of a final order of the 
Review Commission in the case of any review proceedings initiated by the 
employer in good faith and not solely for delay or avoidance of 
penalties.
    (b) Any employer receiving a notification of failure to correct a 
violation and of proposed additional penalty may, under section 10(b) of 
the Act, notify the Area Director in writing that he intends to contest 
such notification or proposed additional penalty before the Review 
Commission. Such notice of intention to contest shall be postmarked 
within 15 working days of the receipt by the employer of the 
notification of failure to correct a violation and of proposed 
additional penalty. The Area Director shall immediately transmit such 
notice to the Review Commission in accordance with the rules of 
procedure prescribed by the Commission.
    (c) Each notification of failure to correct a violation and of 
proposed additional penalty shall state that it shall be deemed to be 
the final order of the Review Commission and not subject to review by 
any court or agency unless, within 15 working days from the date of 
receipt of such notification, the employer notifies the Area Director in 
writing that he intends to contest the notification or the proposed 
additional penalty before the Review Commission.