Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-15-7 - Citations7.1. If, upon inspection or investigation, the Commissioner or his or her designated representative determines that an employer has violated any safety and health standard, or finds a condition which poses a recognized hazard likely to cause death, serious injury or illness, the Commissioner shall issue a citation to the employer or employee. (a) The citation shall be in writing and delivered by personal service or certified mail.(b) The citation shall state with particularity the nature of the violation, including a reference to the provision of the Act, or the standard, rule or order alleged to have been violated. The citation shall fix a date by which the employer or employee shall correct the violation.(c) The citation shall contain a notification informing the employer or employee that he or she has fifteen (15) days from receipt of the citation to contest the citation or seek a variance. A request to contest a citation or to seek a variance shall be in writing, addressed to the Commissioner. If the employer or employee fails to contest the citation or seek a variance, the citation, as proposed, becomes final and is not subject to review by any court or agency.(d) If the employer or employee fails to contest the citation or seek a variance and fails to correct the violation by the correction date contained in the citation, the Commissioner shall seek judicial enforcement to compel compliance with the citation.(e) If the employer or employee contests a citation or request a variance, the Commissioner shall immediately advise the commission, which shall afford the employer or employee an opportunity for a hearing.7.2. The employer shall post each citation issued under this section or a copy or copies of the citation in a place accessible by all employees of the employer to include the places where employee notices are normally posted. In cases where there exists continued exposure to physical hazards, a copy of the citation shall be posted in the immediate physical area where the violation is alleged to have occurred.