[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1903.14]

[Page 33-35]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1903_INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents
 
Sec. 1903.14  Citations; notices of de minimis violations; policy 
regarding employee rescue activities.

    (a) The Area Director shall review the inspection report of the 
Compliance Safety and Health Officer. If, on the basis of the report the 
Area Director believes that the employer has violated a requirement of 
section 5 of the

[[Page 34]]

Act, of any standard, rule or order promulgated pursuant to section 6 of 
the Act, or of any substantive rule published in this chapter, he shall, 
if appropriate, consult with the Regional Solicitor, and he shall issue 
to the employer either a citation or a notice of de minimis violations 
which have no direct or immediate relationship to safety or health. An 
appropriate citation or notice of de minimis violations shall be issued 
even though after being informed of an alleged violation by the 
Compliance Safety and Health Officer, the employer immediately abates, 
or initiates steps to abate, such alleged violation. Any citation or 
notice of de minimis violations shall be issued with reasonable 
promptness after termination of the inspection. No citation may be 
issued under this section after the expiration of 6 months following the 
occurrence of any alleged violation.
    (b) Any citation shall describe with particularity the nature of the 
alleged violation, including a reference to the provision(s) of the Act, 
standard, rule, regulation, or order alleged to have been violated. Any 
citation shall also fix a reasonable time or times for the abatement of 
the alleged violation.
    (c) If a citation or notice of de minimis violations is issued for a 
violation alleged in a request for inspection under Sec. 1903.11(a) or 
a notification of violation under Sec. 1903.11(c), a copy of the 
citation or notice of de minimis violations shall also be sent to the 
employee or representative of employees who made such request or 
notification.
    (d) After an inspection, if the Area Director determines that a 
citation is not warranted with respect to a danger or violation alleged 
to exist in a request for inspection under Sec. 1903.11(a) or a 
notification of violation under Sec. 1903.11(c), the informal review 
procedures prescribed in Sec. 1903.12(a) shall be applicable. After 
considering all views presented, the Assistant Regional Director shall 
affirm the determination of the Area Director, order a reinspection, or 
issue a citation if he believes that the inspection disclosed a 
violation. The Assistant Regional Director shall furnish the complaining 
party and the employer with written notification of his determination 
and the reasons therefor. The determination of the Assistant Regional 
Director shall be final and not subject to review.
    (e) Every citation shall state that the issuance of a citation does 
not constitute a finding that a violation of the Act has occurred unless 
there is a failure to contest as provided for in the Act or, if 
contested, unless the citation is affirmed by the Review Commission.
    (f) No citation may be issued to an employer because of a rescue 
activity undertaken by an employee of that employer with respect to an 
individual in imminent danger unless:
    (1)(i) Such employee is designated or assigned by the employer to 
have responsibility to perform or assist in rescue operations, and
    (ii) The employer fails to provide protection of the safety and 
health of such employee, including failing to provide appropriate 
training and rescue equipment; or
    (2)(i) Such employee is directed by the employer to perform rescue 
activities in the course of carrying out the employee's job duties, and
    (ii) The employer fails to provide protection of the safety and 
health of such employee, including failing to provide appropriate 
training and rescue equipment; or
    (3)(i) Such employee is employed in a workplace that requires the 
employee to carry out duties that are directly related to a workplace 
operation where the likelihood of life-threatening accidents is 
foreseeable, such as a workplace operation where employees are located 
in confined spaces or trenches, handle hazardous waste, respond to 
emergency situations, perform excavations, or perform construction over 
water; and
    (ii) Such employee has not been designated or assigned to perform or 
assist in rescue operations and voluntarily elects to rescue such an 
individual; and
    (iii) The employer has failed to instruct employees not designated 
or assigned to perform or assist in rescue operations of the 
arrangements for rescue, not to attempt rescue, and of the hazards of 
attempting rescue without adequate training or equipment.
    (4) For purposes of this policy, the term ``imminent danger'' means 
the existence of any condition or practice

[[Page 35]]

that could reasonably be expected to cause death or serious physical 
harm before such condition or practice can be abated.

[36 FR 17850, Sept. 4, 1971, as amended at 59 FR 66613, Dec. 27, 1994]