Failure to Abate

What It Means

A Failure to Abate notice is issued when OSHA determines that an employer has not corrected a previously cited hazardous condition by the deadline established in the original citation. This is distinct from a Repeat violation, a Failure to Abate means the specific cited hazard was never corrected, while a Repeat violation means a substantially similar hazard was found during a new inspection. Penalties for Failure to Abate can reach up to $16,131 per day for each day the violation continues beyond the abatement date, making it potentially one of the most expensive types of OSHA enforcement action. The daily penalty accrues until the employer either corrects the hazard or reaches a settlement with OSHA. To avoid Failure to Abate findings, employers should track abatement deadlines carefully, document all corrective actions taken, submit required abatement certification to OSHA, and request a Petition for Modification of Abatement if they need additional time. Failure to Abate notices often indicate serious breakdowns in safety management systems and suggest that management has not prioritized the corrective actions identified during the original inspection.

Frequently Asked Questions