[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: 29CFR1903.14a]

[Page 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. 1903.14a  Petitions for modification of abatement date.

    (a) An employer may file a petition for modification of abatement 
date when he has made a good faith effort to comply with the abatement 
requirements of a citation, but such abatement has not been completed 
because of factors beyond his reasonable control.
    (b) A petition for modification of abatement date shall be in 
writing and shall include the following information:
    (1) All steps taken by the employer, and the dates of such action, 
in an effort to achieve compliance during the prescribed abatement 
period.
    (2) The specific additional abatement time necessary in order to 
achieve compliance.
    (3) The reasons such additional time is necessary, including the 
unavailability of professional or technical personnel or of materials 
and equipment, or because necessary construction or alteration of 
facilities cannot be completed by the original abatement date.
    (4) All available interim steps being taken to safeguard the 
employees against the cited hazard during the abatement period.
    (5) A certification that a copy of the petition has been posted and, 
if appropriate, served on the authorized representative of affected 
employees, in accordance with paragraph (c)(1) of this section and a 
certification of the date upon which such posting and service was made.
    (c) A petition for modification of abatement date shall be filed 
with the Area Director of the United States Department of Labor who 
issued the citation no later than the close of the next working day 
following the date on which abatement was originally required. A later-
filed petition shall be accompanied by the employer's statement of 
exceptional circumstances explaining the delay.
    (1) A copy of such petition shall be posted in a conspicuous place 
where all affected employees will have notice thereof or near such 
location where the violation occurred. The petition shall remain posted 
for a period of ten (10) working days. Where affected employees are 
represented by an authorized representative, said representative shall 
be served with a copy of such petition.
    (2) Affected employees or their representatives may file an 
objection in writing to such petition with the aforesaid Area Director. 
Failure to file such objection within ten (10) working days of the date 
of posting of such petition or of service upon an authorized 
representative shall constitute a waiver of any further right to object 
to said petition.
    (3) The Secretary or his duly authorized agent shall have the 
authority to approve any petition for modification of abatement date 
filed pursuant to paragraphs (b) and (c) of this section. Such 
uncontested petitions shall become final orders pursuant to sections 10 
(a) and (c) of the Act.
    (4) The Secretary or his authorized representative shall not 
exercise his approval power until the expiration of fifteen (15) working 
days from the date the petition was posted or served pursuant to 
paragraphs (c) (1) and (2) of this section by the employer.
    (d) Where any petition is objected to by the Secretary or affected 
employees, the petition, citation, and any objections shall be forwarded 
to the Commission within three (3) working days after the expiration of 
the fifteen (15) day period set out in paragraph (c)(4) of this section.

[40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11, 1975]