09.12.20.08

.08 Posting of Notices and Citations.

A. Posting of Citations.

(1) Upon receipt of a citation issued under the Act, an employer shall immediately post the citation, or an unedited copy, at or near the place the alleged violation referred to in the citation occurred, or if, because of the nature of the employer's operations, this is not practicable, in a prominent place readily observable to affected employees.

(2) When employers are engaged in activities which are physically dispersed, the citation may be posted at the location where the employees operate to carry out their activities.

(3) An employer shall take steps to ensure that a citation is not:

(a) Altered;

(b) Defaced; or

(c) Covered by other material.

(4) An employer is not required to post a notice of de minimis violations.

(5) A citation, or a copy of it, shall remain posted for the later of:

(a) The time the violation was abated; or

(b) 3 work days.

(6) The filing by an employer of a notice of intent to contest under Regulation .09 of this chapter does not affect the employer's posting responsibility.

B. Posting Notice of Contest.

(1) In the same location where a citation is posted, an employer may post a notice indicating that the citation is being contested before the Commissioner.

(2) The notice may state the:

(a) Reasons for contest; and

(b) Steps that have been taken to abate the violation.

C. Posting of Notices.

(1) Upon receipt of a notice concerning a pending case, including a notice of hearing, an employer shall immediately post, where citations are required to be posted, a:

(a) Copy of the notice; and

(b) Notice informing affected employees of their right to participate in any proceeding in the notice.

(2) A notice shall remain posted until:

(a) The proceeding stated in the notice begins; or

(b) Earlier disposition.

D. Posting of a Memorandum of Settlement. A memorandum of settlement shall be posted in the same manner as required by this regulation for the posting of citations and notices.