- Briefing Room
U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
FHWA Order 3902.3
This Directive was canceled November 16, 2004.
|Occupational Safety Inspections and Abatements|
|3902.3||May 5, 1978|
Designated inspectors are authorized (1) to enter without delay and at reasonable times any facility, construction site or other workplace to inspect all pertinent conditions, structures, machines, devices, equipment and material; and (2) to question any employee or supervisor, or the official in charge of the establishment. Before making an inspection, the inspector shall examine previous inspection, reports and any accident, injury and illness records of the establishment. The inspector should take environmental samples where appropriate, take photographs related to the purpose of the inspection, and employ other reasonable techniques of inspection. The inspector will comply with safety and environmental health rules and practices of the establishmentbeing inspected and will avoid unreasonable disruption of the operations of the establishment.
(1) when necessary to ensure the presence of presentation from management and employees, and
(2) when special preparations are necessary for conducting the inspection.
(1) The inspector shall be in charge of the inspection and shall offer the opportunity of participation to management and employee representatives.
(2) The inspector is authorized to deny the participation of any person who interferes with a fair and orderly inspection.
(1) identification of the facility or workplace,
(2) name of the management officials in charge of the operations,
(3) name of the management or employer representatives who participate in the inspection,
(4) name of the employee representative participating in the inspection,
(5) name of the inspector,
(6) a description of any unsafe conditions or violations,
(7) the reference to the safety standard pertaining to each violation, and
(8) the abatement period for each safety violation.
The official in charge has the primary responsibility for the abatement of hazardous conditions and practices. Where there is multiple occupancy within a facility or workplace, the official in charge is that official who has supervisory authority over the particular work area and/or employees where the hazardous condition exists. The following procedures apply to abatement requirements and the timeliness of corrective actions:
(1) Upon determination of imminent danger, the officialin charge shall undertake immediate abatement and withdraw employees not needed for abatement of the hazard who may be injured.
(2) If the dangerous exposure is in a regional or division facility, the official in charge shall notify the Regional Safety Manager and request any necessary assistance, The Regional Safety Manager shall notify the Regional administrator.
(3) If the dangerous exposure is in a Washington Headquarters facility, the official in charge shall notify the Washington Occupational Safety Manager and request any necessary assistance. The Occupational Safety Manager should then notify the Associate Administrator for Administration.
(4) If the imminent danger in a field or Washington Headquarters facility cannot be promptly and completely abated, the Regional Administrator or the Associate Administrator for Administration shall notify the Office of the Secretary through the Chief, Occupational Safety Staff (HMS-4).
(1) Abatement periods of less than 30 working days shall be stated in the Notice of Unsafe Conditions. The abatement period will be established by the official in charge. The Occupational Safety Manager will provide technical assistance concerning the correction for the unsafe conditions.
(2) When abatement cannot be accomplished within 30 working days, an abatement plan is required to be submitted to the Associate Administrator for Administration within the 30 working day period by the official in charge. The plan shall contain an explanation of the delay, a proposed timetable for abatement and a statement of actions being taken in the interim to protect employees from the hazard. A copy of the plan shall be forwarded to theOccupational Safety Manager and the Occupational Safety and Health Committee for that establishment.
A reinspection of the workplace shall be conducted by the Occupational Safety Manager with representatives of management and employees to confirm that corrective action was taken.
(1) An inspection made as a result of an employee's request need not be limited to matters referred to in the request.
(2) If the inspection reveals that unsafe or unhealthful conditions exist, a Notice of Unsafe Conditions shall be issued (paragraph 6g), and the abatement procedures prescribed in paragraph 7 shall be followed.
(3) If the inspection reveals that no unsafe or unhealthful conditions exist, the employee who originated the request should be given a written notice of the inspection results.
(4) If the originator of the request for an inspection for unsafe conditions in not satisfied with the written notice, subsequent reviews may e requested, in the order listed, from the Regional Administrator, the Associate Administrator for Administration, and the Office of the Secretary of Transportation, or their designees. In each case, the employee should be given a prompt written response.
William M. Cox
Federal Highway Administrator