A company doesn’t agree with the Occupational Safety and Health Administration (OSHA) citation they received. What do they need to do to dispute it?

Employers can request an informal conference with the OSHA Area Director to meet to discuss the citation. This must be requested within 15 working days after receiving the citation and notification of penalty.

If a company chooses to contest the citation, a Notice of Intent to Contest must be submitted to OSHA in writing within 15 working days after the citation and notification of penalty is received. This applies even if the company has stated its disagreement with the citation, penalty, or abatement date during a telephone conversation or an informal conference with the Agency.

Second, the Notice of Intent to Contest must clearly state what is being contested—the citation, the penalty, the abatement date, or any combination of these. Also, the notice must state whether all the violations on the citation or just specific violations are being contested.

If a citation is contested, the OSHA Area Director will forward the case to the Occupational Safety and Health Review Commission (OSHRC). The Commission assigns the case to an administrative law judge who usually will schedule a hearing, which is very much like a trial, including the examination and cross-examination of witnesses. A company may choose to represent itself or have legal representation. The judge may affirm, modify, or eliminate any contested items of the citation or penalty.

When considering whether or not to contest a citation, a company should closely consult legal counsel.