Citing Employers/Employees for Worker Safety Violations

I would like you to consider the enclosed policy document in light of the overall concept of our Enforcement Response regulations. Portions of the document will seem familiar as it draws from the May 2004 Hearing Officer Roundtable Project (Roundtable) and Enforcement Letter ENF 2001-055, “Guidance for Civil Penalty Actions Against Employers or Employees for Matters Involving Pesticide Worker Safety.”

This document supersedes ENF 2001-055 and three sections contained within the Roundtable, specifically:

• Section 2.4, “General and Specific Code Sections”
• Section 2.7, “Citation Strategies for Worker Safety Violations”
• Section 7.4, “Employer’s Failure to “Assure”Compliance”

The enclosed policy will be incorporated into the new Hearings Sourcebook, which will be issued as a volume of the Pesticide Use Enforcement Program Standards Compendium.

Note this supersedes the preliminary version sent by e-mail on August 31, 2007.

Sincerely,