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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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![[Seal - US Department of Labor]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/dol-seal.jpg) Small Entity Compliance Guide forOSHA's Abatement Verification Regulation 29 CFR 1903.19 U.S. Department of Labor Occupational Safety and Health Administration 1997 Contents Overview of the Abatement Verification Regulation Abatement Verification: Who Does What OSHA-Approved State Plan States Questions and Answers about the Abatement Verification Regulation Miscellaneous Information - Important Time Periods, Sample Abatement Certifications, Listing of OSHA -Approved State Plans List of Illustrations Figure 1 - How to Submit Abatement Certificates Figure 2 - How to Prepare Abatement Plans Figure 3 - How to Prepare Progress Reports Figure 4 - Tagging Requirements for Hand-Held Equipment Figure 5 - Tagging Requirements for Non-Hand-held Equipment Figure 6 - When Can the Tag or Copy of the Citation Be Removed? Figure 7 - How Do I Notify Employees that Abatement Has Occurred? Figure 8 - What Other Methods Can I Use to Notify Employees of Abatement? Overview of
ABATEMENT VERIFICATION REGULATION 29 CFR 1903.19 ![[Bullet Image - Box]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/3dbox.gif){kind=small} What is abatement? Abatement is the correction of the safety or health hazard/violation that led to an OSHA citation. Does this regulation apply to me? This regulation applies to you only if you have received a citation from OSHA during an inspection. (Procedures in States with OSHA-approved State Plans may differ. See pages 11, 12, and 25.) What do I have to do? Fix the hazard. Certify that you've fixed the hazard. Notify your employees and their representatives that you have fixed the hazard. Send document(s) to OSHA saying that you have abated the hazard. Tag any cited movable equipment with a warning tag or a copy of the citation. What happens if I don't comply? You could get a citation for failure to certify to OSHA, notify employees, and tag movable equipment. Abatement Verification: Who Does What
Employers must: Certify that hazards/violations cited by OSHA during an inspection have been abated. OSHA has provided examples of simple abatement certification letters that employers may use to certify that they have abated each cited hazard. Provide abatement documentation, abatement plans, and progress reports for some violations. Inform affected employees and their representatives of the abatement action the employer has taken. Allow employees to examine and copy abatement documents sent to OSHA. Tag cited movable equipment to warn employees of the hazard. Employers can use tags of their own design or those that are available through OSHA. OSHA will: Indicate on the Citation and Notification of Penalty any serious items that require additional abatement documentation, abatement plans, and progress reports. Document, during the inspection, any cited conditions that the employer permanently corrects; no further abatement certification is required for these corrected items. Employees must: Notify their employer, within 3 working days of the time abatement information is sent to OSHA, that they wish to review or copy that information.
OSHA-Approved State Plan States
If the workplace (the site where the inspection took place) is in one of the 25 states with OSHA-approved State Plans (see list below), the abatement verification procedures and policy may be different from those in this guide. These States are: ALASKA, ARIZONA, CALIFORNIA, CONNECTICUT (Public Employees Only), HAWAII, INDIANA, IOWA, KENTUCKY, MARYLAND, MICHIGAN, MINNESOTA, NEVADA, NEW MEXICO, NEW YORK (Public Employees Only), NORTH CAROLINA, OREGON, PUERTO RICO, SOUTH CAROLINA, TENNESSEE, UTAH, VERMONT, VIRGINIA, VIRGIN ISLANDS, WASHINGTON, and WYOMING Contact the State for specific requirements. See page 25 for specific addresses. Information on State Plan States can also be obtained from the OSHA Internet Home Page (http://www.osha.gov/) under the title of Programs and Services. QUESTIONS MOST FREQUENTLY ASKED
ABOUT ABATEMENT VERIFICATION (29 CFR 1903.19)
![[Bullet Image - Diamond]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/diamond.gif){kind=small} What is abatement? Abatement is the correction of the safety or health hazard/violation that led to an OSHA citation. What is abatement verification? It is the process by which an employer informs OSHA, affected employees, and their representatives that a hazard cited by OSHA has been corrected. When does the regulation affect an employer? When the employer receives an OSHA citation from an inspection that began after May 30, 1997. How does the regulation apply to an employer in a state with an OSHA-approved State Plan? Each of the 25 states with OSHA-approved State Plans must adopt its own abatement verification regulations or other equivalent mechanism that can be enforced in a manner as effective as OSHA's. Contact the State Plan agency for specific requirements. See pages 11 and 25 of this guide for more information. Whose requirements do I follow if my home office is in one state and the work site where I was cited is in another?
The state where your employees were working at the time of the inspection and citation. How does the regulation differ from OSHA's previous procedures for abatement verification? The new regulation provides a uniform system for documenting the correction of cited hazards, and the amount of documentation required now increases as the seriousness of the violation increases. The previous procedures did not use the sliding scale approach to abatement verification. Does the new rule reduce paperwork? Yes. When hazards are abated during an inspection, no abatement certification is required. Also, documentation or proof of abatement is not required for minor (other-than-serious) violations or for most violations classified as serious. How will employees benefit from the new rule? Employees and their representatives now will be informed of the abatement activities taken by their employers. Movable equipment that is cited must be tagged to alert employees to the danger posed by the equipment. By regulation, how long after transmission of an abatement document to OSHA must an employer retain the submitted document?
Three working days, the required employee-notification period. What effect does the regulation have on an employer's right to contest a citation? None. The regulation does not restrict the right of employers, employees, and employee representatives to contest citation item(s). When do abatement verification obligations begin if an employer contests a citation? Until a contested item is resolved, the abatement verification process is delayed for that item.
What is the difference between abatement certification and abatement documentation? Abatement certification is the "affidavit or signed statement" the employer sends to OSHA. Abatement documentation is the "proof of correction" the employer sends to OSHA as evidence that the hazard has been corrected, such as pictures or receipts or work orders. What does OSHA mean by the phrase "the employer must certify" in paragraph (c)(1) of the regulation? Certification means that the employer must submit a brief signed statement that the hazardous condition(s) has been corrected. How is abatement certification accomplished? An employer or an authorized employer representative must inform OSHA in a signed letter of the abatement actions they have taken. A sample abatement certification letter is available in Appendix A of the regulation. The letter must include the following identifying information:
What is acceptable documentation? Documentation is acceptable if it clearly proves that the violation has been corrected. [The quality or acceptability of documentary evidence will be assessed by OSHA, either during abatement negotiations with the employer or after receipt of the abatement documentation.] OSHA will discuss documentation with you at the inspection closing conference, or when citations are issued. If the documentation you send is not acceptable, OSHA will let you know. Which citations require documentary evidence of abatement in addition to certification? All "willful" and "repeat" violations, and those serious violations for which the Area Director requires such evidence. Are there examples of appropriate documentary evidence of abatement other than those examples provided is the regulation?
The regulation does not mandate specific types of documentary evidence of abatement; making this determination is the employer's responsibility. The following types of documentation are generally acceptable:
When is an abatement plan required by OSHA? When the abatement period on the citation is more than 90 calendar days and the citation states that an abatement plan is required. For which violations can OSHA require abatement plans? For serious, willful, and repeat violations having abatement periods lasting more than 90 days. Are abatement plans required for other-than-serious violations? No. What happens if an employer asks for more time to abate, and this additional time extends the period of abatement to more
than 90 days? The Area Director may require an abatement plan if the violation is a serious, willful, or repeat violation. Your Petition for Modification of Abatement date (PMA) normally would require speaking to the Area Office that issued the citation. Full compliance with the conditions for requesting additional abatement time (see 29 CFR 1903.14a) may convince the Area Director that abatement plans are not needed. Does an employer have to submit an abatement plan if a violation is corrected before the plan is due? No. The employer must, however, still certify that abatement has occurred. Can employers combine abatement plans into one submission to OSHA? Yes, provided each plan is submitted on time.
How do I know if a progress report is required? The citation will say so. Can an employer use the same form for the progress report and the abatement plan if these are required? Yes. Does an employer have to submit a progress report if a violation is corrected before the report is due? No. The employer must, however, still certify to OSHA that abatement has occurred.
What abatement information must be provided to affected employees? The same information that is given to OSHA, as well as a notice of their right to examine and copy the information. Who are "affected employees"? Affected employees are those employees exposed to the hazard(s) identified as a violation(s). Do employees have to be notified of the abatement certification letter? Yes. A copy of the letter must be posted unless posting it will not inform affected employees because they work off-site or travel from one work site to another. In such cases, other methods of notifying employees must be used. (see next question) When posting would not fully inform employees, what are examples of methods that an employer can use to inform affected
employees about abatement actions? Employers who have mobile work operations, or who do not assemble employees routinely at a central location, may use a means other than posting to communicate with employees. The following are examples of methods acceptable to OSHA when posting is ineffective:
For how long must the abatement materials be posted? Three working days after submission to OSHA.
In addition to the mail, what other means of transmitting abatement documents are acceptable to the Agency? Hand delivery and facsimile (fax) are two examples of acceptable methods of transmitting documents. If the materials submitted are not legible, they may be deemed unacceptable by the Agency. What about e-mail? At present, e-mail transmission is not acceptable.
What does tagging mean? Tagging means that the employer puts a warning tag or a copy of the citation on the operating controls or cited components of the movable equipment. What is the purpose of tagging? The tag warns employees about the cited hazard, briefly describes the violation, and tells them where they can find the complete citation. Are there any advantages to using a copy of the citation instead of a warning tag to meet the tagging requirement? Yes. Affixing a copy of the citation to the operating controls or cited components of the movable equipment provides the employees with more information than is on the tag, and using a copy of the citation for this purpose also fulfills the employer's obligation under 29 CFR 1903.16 (Posting of citations). If a warning tag is used, the employer must still post a copy of the citation required by 29 CFR 1903.16, although the copy does not have to be posted at the point of violation. What kind of a warning tag can be used? Employers can use the warning tag displayed in Appendix C of the regulation or the tag provided by OSHA or they can use any "warning " tag that provides the information required by the regulation. For employers in the construction sector, tags that are designed and used as specified in 29 CFR 1926.20(b)(3) and 1926.200(h) can be substituted for the tags required by this abatement verification regulation when the tag also properly warns employees about the nature of the violation involving the equipment and identifies the location of the citation. What is movable equipment? Any machine or device, hand-held or not-hand-held, that is moved within the work site where it was cited, or is moved to another work site. Does an employer have to tag movable equipment that has been cited for an other-than- serious violation? No. Movable equipment has to be tagged only if it is cited for a serious, repeat, or willful violation. What is hand-held equipment? It is equipment that is hand-held when operated. Examples of hand-held equipment are a hand grinder and a portable electric drill. A drill press is not considered to be hand-held equipment. When does cited hand-held equipment have to be tagged? The tag or citation has to be put on the operating controls or cited components of the equipment immediately after the citation is received. Does cited hand-held equipment have to be tagged immediately, even if it is not moved or used? Yes. What is movable non-hand-held equipment? It is equipment that is not hand-held when operated, such as a drill press, lathe, or other mounted equipment. Does cited personal protective equipment (PPE), including respirators and eye and face protection, have to be tagged? No. OSHA considers PPE deficiencies violations of the PPE standard, not movable equipment violations. Does an employer who receives a citation for a violation involving rented equipment have to tag it? Yes. Does an employer have to tag equipment, such as a trailer or a truck, that was cited for not having chocks in place if that equipment has been moved?
No, because such a violation arises from an administrative or procedural violation (the use of chocks), not a hazard of the truck or trailer itself. Does cited movable equipment have to be tagged if it is owned by an affected employee? Yes. An employer's duty under the Occupational Safety and Health Act to maintain a safe and healthful workplace applies to employee-owned equipment that the employer allows to be used at the work site. Does an employer have to tag all similar movable equipment that poses the same hazard as the cited equipment but was not cited by OSHA (for
example, all ladders if a single ladder was cited)? Such tagging is not required by this regulation; however, the employer can be cited for a repeat or willful violation if an OSHA compliance officer identifies the violation during a later inspection. When can the tag or copy of the citation be removed from the cited equipment? The tag may be removed when the employer:
Does a warning tag have to stay on cited equipment that is sold and is no longer under the control of the seller? No. The seller of the cited equipment is not responsible for tagging or abating a hazard once the equipment is sold and is no longer under the seller's control. If an employer buys tagged equipment, what will happen? The buyer isn't responsible for the original citation, but can be cited by OSHA for having hazardous equipment (just like the former owner) if the hazard is still uncorrected. Can the buyer of tagged equipment be cited for a willful violation? If the buyer knew about the hazard (for example, the employer was told about the hazard by the seller or saw the warning tag or citation on the equipment), the buyer can be cited for a willful violation. What should a buyer do with the tags or citations on cited equipment? OSHA recommends that the buyer keep the tags or citations on the equipment until the hazard is corrected. What if an employer buys equipment that has been cited, but there's no tag on it? If the buyer knows that it has been cited, or knows (or should know) that it is hazardous, the buyer must correct the hazard before making the equipment available to employees for their use. If an employer moves cited equipment for use on another work site of that employer, does the tag stay on the equipment? Yes. Important Time Periods
For Correcting Violations:
For Sending Documents to OSHA:
For Employee Notice:
SAMPLE ABATEMENT CERTIFICATION (Blank)
_____________________________, Area Director U.S. Department of Labor - OSHA Address of the Area Office (on the citation) [Company's Name] [Company's Address] The hazard referenced in Inspection Number________________for the violation identified as Citation___________________and item_____________ was corrected on_______ by_____________________________________________________________________. The hazard referenced in Inspection Number________________for the violation identified as Citation __________________and item _____________was corrected on__________ by______________________________________________________________________. The hazard referenced in Inspection Number_________________for the violation identified as Citation___________________and item______________was corrected on__________ by _____________________________________________________________________. The hazard referenced in Inspection Number_________________for the violation identified as Citation__________________and item_______________was corrected on__________ by ______________________________________________________________________. The hazard referenced in Inspection Number_________________for the violation identified as Citation__________________and item_______________was corrected on__________ by ______________________________________________________________________. The hazard referenced in Inspection Number_________________for the violation identified as Citation _________________and item_______________was corrected on__________ by ______________________________________________________________________. I attest that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement activities described in this certification. ____________________ Signature _____________________ Typed or Printed Name SAMPLE ABATEMENT CERTIFICATION (Completed)
Ms. Jane Doe, Area Director U.S. Department of Labor - OSHA Address of the Area Office (on the citation) My Company 111 High St Any Town , ST 99999 The hazard referenced in Inspection Number 123456789 for the violation identified as Citation 1 and item 1 was corrected on 4/25/97 by installing a lower blade guard on the table saw . The hazard referenced in Inspection Number Same for the violation identified as Citation 1 and item 2 was corrected on 4/25/97 by installing a 42 inch high guardrail per OSHA across the storage loft's opening where OSHA said I needed one . The hazard referenced in Inspection Number Same for the violation identified as Citation 2 and item 1 was corrected on 4/26/97 by buying gloves for the employee who stocks the bulk supplies in the loft and making sure he uses them . The hazard referenced in Inspection Number______________for the violation identified as Citation_________________and item______________was corrected on_________ by______________________________________________________________________. The hazard referenced in Inspection Number___________for the violation identified as Citation_________________and item______________was corrected on________ by______________________________________________________________________. The hazard referenced in Inspection Number___________for the violation identified as Citation_________________and item______________was corrected on________ by______________________________________________________________________. I attest that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement activities described in this certification. John Smith Signature John Smith Typed or Printed Name States with OSHA-Approved State Plans 2 Updated August 14, 1997 Alaska Department of Labor 1111 W. 8th Street, Room 306 Juneau, Alaska 99801 Tom Cashen, Commissioner (907) 465-2700 Fax: (907) 465-2784 Alan W. Dwyer, Program Director (907) 465-4855 Fax: (907) 465-3584 Industrial Commission of Arizona 800 W. Washington Phoenix, Arizona 85007 Larry Etchechury, Director (602) 542-5795 Fax: (602) 542-1614 Derek Mullins, Program Director (602) 542-5795 Fax: Same as above California Department of Industrial Relations 45 Fremont Street San Francisco, California 94105 John Duncan, Acting Director (415) 972-8835 Fax: (415) 972-8848 Dr. John Howard, Chief (415) 972-8500 Fax: (415) 972-8513 Connecticut Department of Labor 200 Folly Brook Boulevard Wethersfield, Connecticut 06109 James P. Butler, Commissioner (860) 566-5123 Fax: (860) 566-1520 Program Director's Office (860) 566-4550 Fax: (860) 566-6916 Hawaii Department of Labor and Industrial Relations 830 Punchbowl Street Honolulu, Hawaii 96813 Lorraine H. Akiba, Director (808) 586-8844 Fax: (808) 586-9099 Jennifer Shishido, Administrator (808) 586-9116 Fax: (808) 586-9104 Indiana Department of Labor State Office Building 402 West Washington Street, Room W195 Indianapolis, Indiana 46204 Timothy Joyce, Commissioner (317) 232-2378 Fax: (317) 233-3790 John Jones, Deputy Commissioner (317) 232-3325 Fax: Same as above Iowa Division of Labor Services 1000 E. Grand Avenue Des Moines, Iowa 50319 Byron K. Orton, Commissioner (515) 281-3447 Fax: (515) 242-5144 Mary L. Bryant, Administrator (515) 281-3469 Fax: (515) 281-7995 Kentucky Labor Cabinet 1049 U.S. Highway 127 South, Suite 2 Frankfort, Kentucky 40601 Joe Norsworthy, Secretary (502) 564-3070 Fax: (502) 564-5387 Steven A. Forbes, Federal\State Coordinator (502) 564-2300 Fax: (502) 564-1682 Maryland Division of Labor and Industry Department of Licensing and Regulation 1100 North Eutaw Street, Room 613 Baltimore, Maryland 21201-2206 John P. O'Conner, Commissioner (410) 767-2215 Fax: (410) 767-2003 Ileana O'Brien, Deputy Commissioner (410) 767-2992 Fax: Same as above Michigan Department of Consumer and Industry Services 3423 North Martin Luther King Boulevard P.O. Box 30649 Lansing, Michigan 48909 Kathleen M. Wilbur, Director (517) 373-7230 Fax: (517) 373-2129 Douglas R. Earle, Program Director for Safety and Health (517) 322-1814 Fax: (517) 335-8010 Minnesota Department of Labor and Industry 443 Lafayette Road St. Paul, Minnesota 55155 Gary Bastian, Commissioner (612) 296-2342 Fax: (612) 282-5405 Gail Blackstone, Assistant Commissioner (612) 296-6529 Fax: Same as above Nevada Division of Industrial Relations 400 West King Street Carson City, Nevada 97502 Ron Swirczek, Administrator (702) 687-3032 Fax: (702) 687-6305 Danny Evans, Assistant Administrator (702) 687-3250 Fax: (702) 687-6150 New Mexico Environment Department 1190 St. Francis Drive P.O. Box 26110 Santa Fe, New Mexico 87502 Mark E. Weidler, Secretary (505) 827-2850 Fax: (505) 827-2836 Sam A. Rogers, Chief (505) 827-4230 Fax: Same as above New York Department of Labor W. Averell Harriman State Office Building - 12, Room 500 Albany, New York 12240 John E. Sweeney, Commissioner (518) 457-2741 Fax: (518) 457-6908 Richard Cuculo, Program Director (518) 457-3518 Fax: Same as above North Carolina Department of Labor 319 Chapanoke Road Raleigh, North Carolina 27603 Harry Payne, Commissioner (919) 662-4585 Fax: (919) 662-4582 Charles Jeffress, Deputy Commissioner (919) 662-4585 Fax: Same as above Oregon Occupational Safety and Health Division Department of Consumer & Business Services 350 Winter Street, NE, Room 430 Salem, Oregon 97310 Peter DeLuca, Administrator (503) 378-3272 Fax: (503) 378-4538 David Sparks, Deputy Administrator (503) 378-3272 Fax: Same as above Puerto Rico Department of Labor and Human Resources Prudencio Rivera Martinez Building 505 Munoz Rivera Avenue Hato Rey, Puerto Rico 00918 Cesar J. Almodovar-Marchany, Secretary (787) 754-2119 Fax: (787) 753-9550 Assistant Secretary's Office (787) 754-2119/2171 Fax: (787) 767-6051 South Carolina Department of Labor, Licensing, and Regulation KogerOfficePark, Kingstree Building 110 Centerview Drive Columbia, South Carolina 29210 Lewis Gossett, Director (803) 896-4300 Fax: (803) 734-9716 William Lybrand, Program Director (803) 734-9594 Fax: (803-734-9772 Tennessee Department of Labor 710 James Robertson Parkway Nashville, Tennessee 37243-0659 Alphonso R. Bodie, Commissioner (615) 741-2582 Fax: (615) 741-5078 Don Witt, Program Director (615) 741-2793 Fax: (615) 741-3325 Labor Commission of Utah 160 East 300 South, 3rd Floor PO Box 146650 Salt Lake City, Utah 84114-6650 R. Lee Ellertson, Commissioner (801) 530-6898 Fax: (801) 530-6880 Jay W. Bagley, Administrator (801) 530-6898 Fax: (801) 530-7606 Vermont Department of Labor and Industry National Life Building - Drawer 20 120 State Street Montpelier, Vermont 05620 Stephen Jamsen, Commissioner (802) 828-2288 Fax: (802) 828-2748 Robert McLeod, Project Manager (802) 828-2765 Fax: Same as above Virginia Department of Labor and Industry Powers-Taylor Building 13 South 13th Street Richmond, Virginia 23219 Theron Bell, Commissioner (84) 786-2377 Fax: (804) 371-6524 Charles Lahey, Deputy Commissioner (804) 786-2383 Fax: Same as above Virgin Islands Department of Labor 2131 Hospital Street Box 890, Christiansted St. Croix, Virgin Islands 00820-4666 Carmelo Rivera, Commissioner (809) 773-1994 Fax: (809) 773-0094 Raymond Williams, Program Director (809) 772-1315 Fax: (809) 772-4323 Washington Department of Labor and Industries General Administration Building PO Box 44001 Olympia, Washington 98504-4001 Gary Moore, Director (360) 902-4200 Fax: (360) 902-4202 Michael Silverstein, Assistant Director (360) 902-5495 Fax: (360) 902-5529 Wyoming Department of Employment Worker's Safety and Compensation Division Herschler Building, 2nd Floor East 122 West 25th Street Cheyenne, Wyoming 82002 Stephan R. Foster, Safety Administrator (307) 777-7786 Fax: (307) 777-5850 Footnote (1) The definition of "working days" found in former 29 CFR 1903.21(c), now redesignated as 29 CFR 1903.22(c), is " . . . Mondays through Fridays but shall not include Saturdays, Sundays, or Federal holidays . . .". (Back to Text) Footnote (2) The most current directory of State Plan States is maintained on the OSHA Internet Home page (http://www.osha.gov) under the title of Programs and Services. (Back to Text) |
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![[Flow Chart - Correct the Hazard]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/abate-image8.gif)
![[Flow Chart - Abatement greater that 90 days]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/abate-image1.gif)
![[Flow Chart - Progress Reports]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/abate-image2.gif)
![[Flow Chart - Cited Equipment hand-held when operated]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/abate-image3.gif)
![[Flow Chart - Cited equipment movable?]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/abate-image4.gif)
![[Flow Chart - Tag or citation remains in place until?]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/abate-image5.gif)
![[Flow Chart]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/abate-image6.gif)
![[Flow Chart - Examples of other methods to notify employees]](https://webarchive.library.unt.edu/eot2008/20081104021030im_/http://www.osha.gov/Publications/Abate/abate-image7.gif)