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DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
POLICY AND PROCEDURES MANUAL
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ORDER TO PRESERVE AND THE NOTICE
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P&P C-25A
Issue Date: 3/21/94
Revised: 8/1/94
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AUTHORITY: California Labor Code Sec. 6314.
POLICY: It is the policy of the Division of Occupational Safety
and Health to ensure that the integrity of an accident site, or
physical evidence contained at an accident site, shall not be
compromised until the Division can complete its investigation of
the cause(s) of an accident or occupational illness.
PROCEDURES:
A. ISSUANCE
- Order to Preserve (Cal/OSHA Form 25A)
- Whenever it is necessary to determine the cause of
an accident or an occupational illness, and the
accident site or physical evidence at the site is
in potential danger of being removed, altered or
tampered with, compliance personnel shall
immediately issue to the employer who controls the
site or the evidence an Order to Preserve in a
manner that avoids, to the extent possible, any
interference with the normal business operations.
- When issuing an Order to Preserve, compliance
personnel shall ensure that the Order be limited
to the immediate area and the machines, devices,
apparatus, or equipment directly associated with
the accident or illness.
- Notice (Cal/OSHA 250)
Compliance personnel shall affix a Notice:
- To preserve an accident site and any machine,
device, apparatus, or equipment associated with
the accident or occupational illness from being
removed, altered or tampered with until the
investigation is concluded; and
- To warn that any use or disturbance of the
accident site, machine, device, apparatus, or
equipment constitutes a violation of law
punishable by a maximum fine of $5000.
B. REFUSAL OF ENTRY
- Inspection Warrant
If the Division is refused entry to a place of
employment subject to an accident or occupational
illness investigation, compliance personnel shall
immediately notify the District Manager. The District
Manager shall contact the Legal Unit through the
Regional Manager to obtain an Inspection Warrant. See
P&P C-25.
- Order to Preserve and Notice
- When entry has been refused but before an
Inspection Warrant can be served, compliance
personnel shall determine the necessity to
preserve the site, or physical evidence contained
at the site, from being removed, altered or
tampered with. If it is determined that the site
and/or evidence contained therein is in danger of
being removed, altered or tampered with before an
inspection warrant can be issued, compliance
personnel shall immediately issue to the employer
who controls the site or the evidence an Order to
Preserve and a Notice.
- When issuing an Order to Preserve and a Notice
when entry has been refused, compliance personnel
shall instruct the employer that the employer is
required to affix the Notice(s) to the accident
site and any machine, device, apparatus, or
equipment associated with the accident or
occupational illness.
C. WITHDRAWAL OF AN ORDER TO PRESERVE AND REMOVAL OF A NOTICE
An Order to Preserve and the Notices shall remain valid
until the Division determines that the preservation of the
accident site or physical evidence at the site is no longer
necessary. When such a determination has been made,
compliance personnel shall withdraw the Order to Preserve
and shall remove all Notices from the investigation site and
from any physical evidence.
NOTE: After removal, all Notices shall be kept in the
District Office's inspection file.
D. VIOLATION OF AN ORDER TO PRESERVE OR NOTICE
- Any person who knowingly violates an Order to Preserve
issued by the Division is subject to prosecution and a
fine of not more than $5000.
- When the Division learns that an Order to Preserve has
been violated, compliance personnel shall immediately
notify the District Manager. The District Manager
shall notify the Legal Unit, or the Bureau of
Investigation, through the Regional Manager, of the
violation.
E. COMPLETION OF Cal/OSHA FORM 25A
- Compliance personnel shall develop an original and one
copy of the Cal/OSHA Form 25A at the investigation
site.
- Enter the employer's name, address in the Heading
section at the top of the Cal/OSHA Form 25A.
- "Order to Preserve" Portion of Cal/OSHA Form 25A
- Enter the date of the inspection when a
determination was made by the compliance personnel
that it was necessary to issue an Order to
Preserve.
- Enter the name and address of the place of
employment.
- Enter accident or illness about which the Division
is conducting an investigation.
- Enter a description of the site and any machine,
device, apparatus, or equipment associated with
the accident or illness.
- Enter your name and the date and time that the
Order to Preserve was served on the employer or
his or her representative.
NOTE: This date should correspond with the
date of the determination that it was
necessary to issue an Order to Preserve.
- "Notice" Portion of the Cal/OSHA Form 25A
- Enter the name of the employer or his or her
representative who received the Notices to affix
at the site, or the name of the compliance
personnel who affixed the Notices.
- Enter in the number of Notices which were affixed
at the site or which were given to the employer to
affix.
- Enter the date and time the Notices were affixed
or given to the employer to affix.
- Enter the Region and District ID Number, the compliance
personnel ID Number and the Cal/OSHA Form 1 Inspection
Number at the bottom of the Cal/OSHA Form 25A
- "Declaration of Service" Portion on Backside of
Cal/OSHA Form 25A
- Enter the date and year the Order was served.
- Enter the name of the person upon whom the
compliance personnel served the Order.
- Sign, date, and indicate the City or County, State
and Zip Code.
F. FORM 25A DISTRIBUTION
Compliance personnel shall issue the original to the
employer and place a copy in the District's inspection file.
Attachments:
A --Cal/OSHA 25A
B --Cal/OSHA 25AX
C --Cal/OSHA 250 A and B