Government Connection

Discretion in Enforcement when Considering an Employer's Good Faith Efforts

The U.S. Occupational Safety & Health Administration (OSHA) announced that in instances where an employer is unable to comply with OSHA-mandated training, audit, assessment, inspection, or testing requirements because local authorities required the workplace to close, the employer should demonstrate a good faith attempt to meet the applicable requirements as soon as possible following the re-opening of the workplace.       

Where the employer cannot demonstrate any efforts to comply, a citation may be issued as appropriate under existing enforcement policy.  However, where an employer has made attempts to comply in good faith, Area Offices shall take such efforts into strong consideration in determining whether to cite a violation.  Where enforcement discretion is warranted, Area Offices will ensure that sufficient documentation (e.g., notes on the efforts the employer made to comply, letters or other documentation showing that providers had closed) is provided in the case file to support the decision. 

Read the full OSHA memorandum.

April 17, 2020



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