Abatement Notices

Willful and repeated citations and failure-to-abate notices must be based on serious violations, except for recordkeeping, which must be egregious (e.g., per-instance citations). See FOM, CPL 02-00-148, Chapter 6, paragraphs V.A.1. and VI.A.1. 

A fatality/catastrophe inspection in which OSHA finds one or more willful or repeated violations or failure-to-abate notices based on a serious violation related to a death of an employee or three or more hospitalizations. 

C. Non-Fatality/Catastrophe Criterion for Hazards Due to the Potential Release of a Highly Hazardous Chemical (Process Safety Management). An inspection in which OSHA finds three or more willful or repeated violations or failure-to-abate notices (or any combination of these violations/notices), based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard. 

A SVEP Nationwide inspection will be limited to investigations of the PSM standard for which the willful or repeated citations or failure-to-abate notices were issued, and will not include units that were inspected in the previous two years. 

Where a local authority is satisfied that either a statutory nuisance exists or is likely to occur or recur, it can serve an Abatement Notice requiring the abatement, prohibition or restriction of the occurrence or recurrence. 

A notice may be served where a nuisance has occurred or the local authority think a nuisance may occur. Noise nuisance is not defined as such, but includes vibration. The notice may not be specified and may merely require the abatement of the nuisance. A notice may, however, require the carrying out of works or specify permissible noise levels. The time period for compliance is not specified in the Act, but must be reasonable. 

That the authorities have refused unreasonably to accept compliance with alternative requirements or that the requirements of the notice are otherwise unreasonable in character or extent, or are unnecessary. This defense is self-explanatory. The local authorities are only permitted to ask for works that will abate the noise nuisance. Other works (perhaps to comply with legislation) should not be specified in the notice. They may, however, be contained in a letter separate from the notice. An example of this would be where the fitting of acoustic enclosures to food-manufacturing machines breached food hygiene requirements. Readily cleanable enclosures may be a requirement of the Food Hygiene Regulations, but it should not be contained in a Section 58 Control of Pollution Act notice. 

That the requirements imposed by the notice are more onerous than those for the time being in force in relation to the noise to which the notice relates of (a) Any notice under Section 60 or 66 or (b) Any consent given under Section 61 or 6 or (c) Any determination made under Section 67. Section 60 relates to a construction site notice. Section 61 is consent for construction works. Sections 65-67 relate to noise-abatement zones (see below). 

Local authorities are empowered by the Control of Pollution Act 1974 to designate areas as noise-abatement zones. Within these areas noise levels are measured and entered into a register. It is an offence to increase noise levels beyond register levels unless consent is obtained. If the local authorities are of the opinion that existing noise levels are too high, noise-reduction notices can be served. 

Reporting and verification has just started so that the extent of the burden is not fully known. Similar size thresholds in US systems have not resulted in transaction costs that have created a noticeable problem despite similar reporting procedures.1 The only way around this burden would seem to be an upstream point of regulatory obligation - at the refinery, gas terminal or coal mine - that would result in a fuel price that included the price of carbon. This would have the same effects on abatement by small installations without the transaction costs involved in a downstream monitoring and reporting requirement. 

Corrosion inhibitors are substances whose introduction in small amounts into a corrosion system (aggressive medium, polymer coating, lubricating or packing material, etc.) produces noticeable corrosion abatement in metals. Cl are subdivided into adsorption and passivating Cl by their action mechanism. The former protect metals by affecting the kinetics of the electrode corrosion processes. The latter promote the formation of an oxide or other films on a metal product to transfer the metal into the passive state. 

Workaholism is an addiction to work, which results in a noticeable disturbance to the rest of the individual s life (Minirth et al. 1981 Morris and Charney 1983 Oates 1971). The workaholic employee typically presents with the Type A behavioural pattern discussed in Chapter 8, and is prone to burnout and lower self-esteem (Burke 2004 Burke and Matthiesen 2004 Machlowitz 1980 Minirth et al. 1981 Nagy and Davis 1985 Savickas 1990 Spruell 1987). Problems can also arise in the workaholic s personal life, since it is likely that their partner may eventually get fed up with their unavailability and inability to get the balance between work and home life right. This can result in marital disharmony and ultimately even divorce (Bartolome 1983 Klaft and Kleiner 1988 L Abate and L Abate 1981 Oates 1971 Spruell 1987). 

Employer Appeals—Employers may appeal a citation, an abatement period, or the amount of a proposed penalty. Formal appeals are of two types (1) a petition for modihcahon of abatement, or (2) a notice of contest. 

The Administrator shall...approve...[a SIP]...if he determines that it was adopted after reasonable notice and hearing and that...(E) it contains adequate provisions (i) prohibiting any stationary source within the State from emitting any air pollutant in amounts which will (I) prevent attainment or maintenance by any other State of any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State under Part C to prevent significant deterioration of air quality or to protect visibility, and (ii) insuring compliance with the requirements of Section 126, relating to interstate pollution abatement ... 

Notice to Abate Failure to cease violations of the regulations in the time prescribed in the notice. (The time within to comply with a notice to abate shall not begin to run with respect to contested violations, i.e., where there are material issues in dispute under 386.14, until such time as the violation has been established.) Reinstatement of any deferred assessment or payment of a penalty or portion thereof. 

Notice to Abate Failure to cease violations of the regulations in the time prescribed in the notice. Reinstatement of any deferred assessment or payment of a penalty or portion thereof. 

If you wish to contest any portion of your citation, you must submit to OSHA a Notice of Intent to Contest in writing within 15 working days after receipt of the Citation and Notification of Penalty. This applies even if you have stated your disagreement with a citation, penalty, or abatement date during a telephone conversation or an informal conference. The Notice of Intent to Contest must clearly state what is being contested— the citation, the penalty, the abatement date, or any combination of these factors. In addition, the notice must state whether all the violations on the citation, or just specific violations, are being contested. (For example, I wish to contest the citation and penalty proposed for items 3 and 4 of the citation issued November 1, 2010. )... 

After the compliance officer reports findings, the area director determines what citations, if any, will be issued, and what penalties, if any, will be proposed. Citations inform the employer and employees of the regulations and standards alleged to have been violated and of the proposed length of time set for their abatement. The employer receives the citations and notices of proposed penalties by certified mail within six months of the inspection. The employer must post a copy of each citation at or near the place a violation occurred for three days or until the violation is abated, whichever is longer. 

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