29 U.S.C. § 658
Section 658 · Citations
This is § 9 of the Occupational Safety and Health Act of 1970
Amended 1 time on record
Applied in 121 court decisions — leading case Mingachos v. CBS, Inc. (1985)
Most recently applied in Allstates Refractory Contractors v. Julie Su (August 2023)
Cases citing this section usually also cite 29 U.S.C. § 651 · 29 U.S.C. § 660 · 29 U.S.C. § 659
How often courts cite this section
Court decisions citing this, by year.Markers show enactment and consequential amendments — watch for a citation surge after a change. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
If, upon inspection or investigation, the Secretary or his authorized representative believes that an employer has violated a requirement of section 654 of this title, of any standard, rule or order promulgated pursuant to section 655 of this title, or of any regulations prescribed pursuant to this chapter, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. The Secretary may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health.
Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the Secretary, at or near each place a violation referred to in the citation occurred.
No citation may be issued under this section after the expiration of six months following the occurrence of any violation.