[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.37]

[Page 267-268]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200_RULES OF PROCEDURE--Table of Contents
 
                     Subpart C_Pleadings and Motions
 
Sec. 2200.37  Petitions for modification of the abatement period.

    (a) Grounds for modifying abatement date. An employer may file a 
petition for modification of abatement date when such employer 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 the employer's reasonable control.
    (b) Contents of petition. 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.

[[Page 268]]

    (c) When and where filed; Posting requirement; Responses to 
petition. 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 each 
location where the violation occurred. The petition shall remain posted 
for a period of 10 days.
    (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 10 working days of the date of 
posting of such petition 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 uncontested 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 15 working days from 
the date the petition was posted pursuant to paragraphs (c)(1) and (2) 
of this section by the employer.
    (d) Contested petitions. Where any petition is objected to by the 
Secretary or affected employees, such petition shall be processed as 
follows:
    (1) The Secretary shall forward the petition, citation and any 
objections to the Commission within 10 working days after the expiration 
of the 15 working day period set out in paragraph (c)(4) of this 
section.
    (2) The Commission shall docket and process such petitions as 
expedited proceedings as provided for in Sec. 2200.103 of this part.
    (3) An employer petitioning for a modification of the abatement 
period shall have the burden of proving in accordance with the 
requirements of section 10(c) of the Act, 29 U.S.C. 659(c), that such 
employer has made a good faith effort to comply with the abatement 
requirements of the citation and that abatement has not been completed 
because of factors beyond the employer's control.
    (4) Where the petitioner is a corporation, it shall file a separate 
declaration listing all parents, subsidiaries, and affiliates of that 
corporation or stating that the corporation has no parents, 
subsidiaries, or affiliates, whichever is applicable, within 10 working 
days after the receipt of notice of the docketing by the Commission of 
the petition for modification of the abatement date. The requirements 
set forth in Sec. 2200.36(c)(2)-(c)(4) shall apply.
    (5) Each objecting party shall file a response setting forth the 
reasons for opposing the abatement date requested in the petition, 
within 10 working days after the receipt of notice of the docketing by 
the Commission of the petition for modification of the abatement date.

[51 FR 32015, Sept. 8, 1986; 52 FR 13832, Apr. 27, 1987, as amended at 
55 FR 22782, June 4, 1990]