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Types of violations

Willful, No Death Willful, Repeat Violations Willful, Death Results Willtiil, Death Result, [Pg.268]

Failure to Correct A Cited Violation Failure to Post Official Documents Falsification of Documents [Pg.268]

CHALLENGING CITATIONS, PENALTIES AND OTHER ENFORCEMENT MEASURES [Pg.268]

Upon receipt of penalty notification, the employer has 15 days to submit aNotice of Contest to OSHA, which must be given to the Workers authorized representative or if no Workers representative exists then Notice of Contest must be posted in a prominent loeation in the workplace. An employer who has filed aNotice of Contest [Pg.268]

Showing that the alleged violation has been abated or will be abated. [Pg.268]

Willful, No Death Willful, Repeat Violations Willful, Death Results Willful, Death Result, Second Violation Failure to Correct a Cited Violation Failure to Post Official Documents Falsification of Documents [Pg.306]

Informing the affected employees, or their designated representative, of the withdrawal of the contest [Pg.306]


The types of violation found by inspecting distribution channels, and the types of enforcement measure used by countries are summarized in Table 7.2. [Pg.71]

Two distinct types of violations are commonly seen for pesticide residues in foods. One type involves detection of a residue of a pesticide at a level that exceeds the established tolerance for that commodity. The other type involves the case where a residue of a pesticide, at any quantifiable level, is detected on a commodity for which a tolerance has not been established. This type of violative residue may result from application of the pesticide to the wrong commodity, drift of a pesticide from an adjacent field, or uptake from soil contaminated from a prior use of the pesticide on a different commodity. For domestic samples in 1999, 8 of 26 (31 percent) violations involved residues detected in excess of tolerances while the rest (18 of 26, 69 percent) involved residues detected on commodities for which no tolerances were established. Violative imported... [Pg.298]

After an OSHA inspection of the workplace, the investigator(s) will review the evidence gathered via documents, interviews, and observations. If the OSHA inspector believes there has been a violation of a standard, he can use a standard citation form that identifies the site inspected, the date, the type of violation, a description of the violation, the proposed penalty, and other requirements. The citation must be issued within the first six months after the alleged violation occurred. [Pg.118]

In addition, in the case of medicines, the violation of the provisions governing advertisement can also trigger the application of penalties under the Medicine Act. The penalty incurred depends on the type of violation and its surrounding circumstances. In the most serious cases, the penalty may be 1 000 000. [Pg.30]

In oases of non-compliance, different types of violations m occur (i) MCE violations (ii) treatment technique violations or (iii) monitoring and reporting violations. Varying levels of public notification are required depending on the type of violation, and corrective action must be taken to remedy the situation. EPA works with the states to enforce drinking water standards. [Pg.17]

Because the microorganism regulations were issued imder TSCA 5, the Enforcement Response Policy (ERP) for 5 applies to any violation of the microorganism rules governing MCANs and TERAs. Violations of the substantial risk reporting provisions of TSCA and the import and export regulations would be penalized under the ERP for 8, 12 and 13. Similarly, each type of violation would be penalized under the corresponding ERP applicable to traditional chemicals. [Pg.208]

EPA has issued an Enforcement Response Policy (ERP) for 4 violations that follows the basic format of aU its TSCA ERPs. Each type of violation is categorized by its nature, extent, and circumstances and then a monetary penalty is calculated and upwards and dovmwards adjustment factors are determined. All 4 violations are assigned a nature of hazard assessment violations. EPA assigns higher penalties to violations involving studies of longer duration simply because they will disrupt the EPA s schedule more significantly. [Pg.323]

The EPA established policies and procedures for calculating the amount of civil penalties for TSCA violations. It maintains a series of Enforcement Response Poficies (ERPs) covering each of the sections of the TSCA statute and describing in great detail how the EPA used a multitude of factors to determine the severity of each type of violation and what the appropriate monetary penalty should be. [Pg.502]

All of the ERPs follow the format and approach of the TSCA Civil Penalty PoUcy, which the EPA published in 1980. Each begins by determining gravity based penalties, which are the presumptive penalties for each possible type of violation. Then they apply adjustment factors to increase or reduce the gravity based penalties based on circumstances specific to each company. [Pg.504]

The gravity based penalties take the seriousness of the violation into account by using three of the factors specified in 16 (a)(2)(B) of the TSCA statute for assessing penalties. These three factors are nature, circumstance, and extent. The EPA s interpretation of these three factors has little to do with their dictionary meanings, but the ERPs are easy to follow to calculate a dollar value for virtually any type of violation. Each of them uses nature, circumstances, and extent to create a matrix showing dollar penalties for each type of violation. [Pg.504]

The EPA has further categorized violations as one-day or per-day violations. The per-day violations can easily add up to millions of dollars because each day of violation can be penalized separately. The ERPs specify which types of violations are per-day and which are one-day. Generally, penalties for violations relating to manufacturing are based on the volume of each batch made. The date of the violation is the date the batch is completed. The EPA will assess per-day violations when there is an imminent hazard, or when there was an intent to disregard TSCA. [Pg.506]

A company that has been notified by the EPA or a third-party of the same type of violation, or a closely related one, at the same facility in the past three years cannot qualify for Audit Policy penalty mitigation. If the EPA or a state has mitigated a penalty then that constitutes a prior violation, because in that case the company had an opportunity to correct the underlying cause of the violationd If the company has multiple facilities, it cannot receive Audit Policy penalty mitigation if any of its facilities had a pattern of the same type of violation, or closely related ones, in the past five years. [Pg.524]

The EPA has enforcement policies applicable to the different types of violations possible under TSCA. Each of these enforcement policies contains provisions on miti ting penalties. The seller should consult the relevant enforcement policy in the event that it does not qualify for relief under the Audit PoUcy. See Chapter 14, Penalties and Enforcement for a discussion of the EPAs enforcement pohcies. [Pg.563]

A Mexico-domiciled motor carrier committing certain types of violations identified through roadside inspections, or any other means, may be subjected to an expedited safety audit or compliance review, or may be required to submit a written response demonstrating corrective action. [Pg.357]

Yes, it does happen. It happens because managers and supervisors have production goals, and they have safety goals, and they have all these things. In an attempt to reach them. I m sure that if it s a matter of making an injury reportable because a guy took a prescription painkiller instead of Tylenol, that probably, well not probably, we know it has happened. It s something that we try to police, and, well, we do police. Last year on our railroad, we had two senior officials fired for these types of violations. [Pg.92]

Fines and penalties Appendix B to Part 386 — Penalty Schedule Violations and Maximum Monetary Penalties, provides exactly what it says it does — the types of violations and the maximum monetary penalty for each. You should become very familiar with this schedule as it serves as a constant reminder of the potential cost of non-compliance. [Pg.121]

Form-and-manner violations Generally, this type of violation... [Pg.483]

This type of violation is considered to be most serious by the company. [Pg.486]

Other Than Serious Violation A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. The maximum proposed penalty for this type of violation is 7,000. [Pg.221]

Willful Violation A violation that the employer intentionally and knowingly commits. The employer either knows that the operation constitutes a violation, or is aware that a hazardous condition exists and made no reasonable effort to eliminate it. The penalty range for this type of violation is 5,000 to... [Pg.221]

We ve included this type of information to give you an idea of the types of violations that companies can be cited for. Employers can use this to help determine the training that would be needed to prevent these accidents and the resulting inspection and citations. [Pg.17]

Clarifies the types of violations that normally fall into the different severity level classifications and the circumstances when a severity level III violation may warrant a civil penalty... [Pg.674]

If the inspection uncovers one or more violations, the OSHA compliance officer provides an explanation on a written inspection report. The types of violations include the following ... [Pg.256]

The US Mine Safety and Health Administration (MSHA) shows on its website a page covering the twenty most frequently cited standards, that is the standards on which the most frequent violations are based. It shows the period covered and the number and percentage of each type of violation in most cases the reader can click on a Get Tip button to find suggestions to avoid a citation. The top five violations in 2002 involved guarding of moving machine parts, mobile equipment safety defects, electrical conductors, housekeeping, and inspection and cover plates. [Pg.95]


See other pages where Types of violations is mentioned: [Pg.72]    [Pg.72]    [Pg.38]    [Pg.513]    [Pg.286]    [Pg.721]    [Pg.134]    [Pg.360]    [Pg.306]    [Pg.149]    [Pg.150]    [Pg.151]    [Pg.151]    [Pg.152]    [Pg.152]    [Pg.154]    [Pg.154]    [Pg.155]    [Pg.155]    [Pg.156]    [Pg.156]    [Pg.157]    [Pg.157]   
See also in sourсe #XX -- [ Pg.268 ]




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