OSHA to cite employers for each instance of certain respiratory protection violations

Beginning March 20, the Occupational Safety and Health Administration may in certain cases cite for penalty each instance an employer violates certain standards, including for respiratory protection, the agency said in guidance yesterday to its regional administrators. 
 
“Instance-by-instance citations may be applied when the text of the relevant standard allows (such as, but not limited to, per machine, location, entry, or employee), and when the instances of violation cannot be abated by a single method of abatement,” the guidance states.
 
The change applies to general industry, which includes the health care field, and “is intended to ensure OSHA personnel are applying the full authority of the Occupational Safety and Health Act where increased citations are needed to discourage non-compliance,” the agency said. 
 
In separate guidance, OSHA also reiterated its discretion to not group violations resulting from separate and distinct worksite conditions or conduct, but instead to “cite them separately to more effectively encourage employers to comply with the intent of the OSH Act.”