Okla. Admin. Code § 380:40-1-19

Current through Vol. 42, No. 4, November 1, 2024

Section 380:40-1-19 - Abatement verification

(a)Abatement certification.

(1) Within ten (10) calendar days after the abatement date, the employer must certify to the Oklahoma Department of Labor-PEOSH Division that each cited violation has been abated.

(2) The employer's certification that abatement is complete must include, for each cited violation, the date and method of abatement.

(b)Abatement documentation.

(1) The Oklahoma Department of Labor may require along with the information on abatement certification, additional documentation demonstrating that abatement is complete.

(2) Additional documentation may include, but is not limited to, evidence of the purchase or repair of equipment, photographic or video evidence of abatement, or other written records.

(c)Abatement plans.

(1) The Oklahoma Department of Labor may require an employer to submit an abatement plan for each cited violation when the time permitted for abatement is more than ninety (90) calendar days. If an abatement plan is required, the citation must so indicate.

(2) The employer must submit an abatement plan for each cited violation within twenty-five (25) calendar days from the final date when the citation indicates that such a plan is required. The abatement plan must identify the violation and the steps to be taken to achieve abatement, including a schedule for completing abatement and, where necessary, how employees will be protected from exposure to be the condition in the interim until abatement is complete.

(d)Progress reports.

(1) An employer who is required to submit an abatement plan may also be required to submit periodic progress reports for each cited violation. The citation must indicate:

(A) That periodic progress reports are required and the citation items for which they are required;

(B) The date on which an initial progress report must be submitted, which may be no sooner than thirty (30) calendar days after submission of an abatement plan;

(C) Whether additional progress reports are required; and

(2) The date(s) on which additional progress reports must be submitted.

(e)Transmitting abatement documents.

(1) The employer must include, in each submission required by this section, the following information:

(A) The employer's name and address;

(B) The citation and item numbers to which the submission relates;

(C) A statement that the information submitted is accurate; and

(D) The signature of the employer or the employer's authorized representative.

(2) The date of postmark is the date of submission for mailed documents. For documents transmitted by other means, the date the Agency receives the document is the date of submission.

Okla. Admin. Code § 380:40-1-19

Added at 16 Ok Reg 3023, eff 7-12-99

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/15/2018