WISHA Interim Operations Memorandum #96-4-A
 

WISHA Interim Operations Memorandum
#96-4-A
Citing Repeated and FTA APP Violations

Approved:
Michael Wood, Senior Program Manager
Policy & Tehnical Services

Date Issued:
April 30, 1996

Background

WAC 296-24-040 requires employers to "develop a formal accident prevention program, tailored to the needs of the particular plant or operation and to the type of hazards involved." This accident prevention plan (APP) requirement is central to an employer's obligations under the Washington Industrial Safety and Health Act (WISHA) and to the department's enforcement of those obligations.

Many of the "vertical" standards affecting specific industries also include an APP requirement, either identical to that found in WAC 296-24-040 or, in some cases, elaborating on it.

In the case of WAC 296-306, the Agriculture Standard, the APP requirement is of particular importance because it must stand on its own, without reference to WAC 296-24-040. WAC 296-306-035(2) requires agricultural employers to "develop an accident prevention program tailored to the needs of the particular farm or agricultural operation and to the types of hazards involved."

Periodically, questions have been raised about how an employer with diverse operations covered by more than one standard should be cited for violation of the APP requirement(s). Questions have also been raised regarding whether subsequent APP violations from a different standard should be cited as "failure to abate" (FTA) violations.

This memo draws on past agency practice and existing guidance in the WISHA Compliance Manual to address those issues.

Policy

  1. When citing an employer for lack of a written accident prevention plan, WISHA compliance staff shall issue the appropriate citation from WAC 296-24-040, with the following exceptions:

    2. a. If the employer engages exclusively in activities under the scope of a vertical standard, and that standard includes an accident prevention plan requirement, the inspector shall cite the appropriate section of the vertical standard. However, if the employer engages in activities under both the horizontal standard and any vertical standard other than Agriculture, the lack of an accident prevention plan should be cited under the horizontal standard.

    b. In the case of an employer who engages in activities covered both by the agriculture standard (WAC 296-306) and by the horizontal standard, the inspector shall cite the appropriate section of both standards and group the violation (necessary because WAC 296-24-040 cannot be applied within the agriculture industry).

  2. When citing an employer with diverse activities for a deficient APP, the inspector shall cite the standard(s) appropriate to the deficiencies identified in the inspection. If the hazards not addressed by a deficient APP cover a wide range of the employer's activities (for example, lack of initial safety orientation or training), the citations shall be issued following the guidance in #1 above.
  3. In determining whether to cite APP violations as repeat or FTA violations, the CSHO shall apply existing guidance, which focuses on the hazardous condition, not the particular standard cited:

    4. "An employer may be cited for a repeated violation if that employer has been cited previously for a substantially similar condition and the citation has become a final order." (WISHA Compliance Manual, IV.B.2.f)

    "A Notification of Failure to Abate an Alleged Violation (WISHA-B) shall be issued in cases where the citation or corrective notice has become a final order, and violations have not been corrected as required." (WISHA Compliance Manual, V.C.2.l, emphasis added).

    In both cases, the inspector should determine the extent of the violation -- the hazardous condition itself -- and issue the appropriate citations. It is not necessary that an identical code be cited when citing either repeated or FTA violations.