OSHA Continues Aggressive Enforcement Priorities Announcing Expanded Instance-By-Instance Citation Policy
Post date
February 09, 2023
Body
By: Christina Niro, Frantz Ward
On January 26, 2023, OSHA issued two enforcement memoranda accompanied by a clear message to employers from Assistant Secretary for OSHA Doug Parker: employers who “choose to put profits before their employees’ safety, health and wellbeing” will be targeted. Aggressively.
OSHA’s first memorandum revises and significantly expands its seldom used instance-by-instance (“IBI”) policy. The decision to cite each and every instance of alleged non-compliance as opposed to “grouping” interrelated violations of different standards into a single citation and penalty is a matter Congress committed to OSHA's prosecutorial discretion.