feasible abatement is NOT a requirement to support a citation where a standard is being used.This statement is not quite true. In order to establish a prima facie case, the agency must demonstrate all four conditions have been met, a hazard exists, employees are exposed to the hazard, the employer knew of the conditions, and a feasible means of abatement exists. We have to do that for all cases, period.
It may however be an affirmitive defense from the employer. All the CSHO has to establish is hazard, exposure and knowledge.
Feasible abatement is part of the 5a1 supportive documentation, but not when there is a standard.
OSHA standards, however, allow the CSHO to skip documenting that a hazard exists and that there is a feasible means of abatement, because the rulemaking process does that for us. A standard is written because a hazard exists, and the standard itself is the means of abatement (if you read the preamble of any standard, and I don't know why you would, it documents all of this). This means that we do not document that a hazard exists, we document that a violative condition exists. That the guard is not on the saw does not prove a hazard, in order to do that we would have to provide research into the impact of saw blades on human hands and this happens when the machine isn't guarded, etc. But, not having a guard on is a violation of the standard and also the means of abatement.