Admin Table of Contents
How do you contest an OSHA citation?
If you wish to contest any portion of your citation, you must submit a Notice of Intent to Contest in writing to the OSHA area office within 15 working days after receipt of the Citation and Notification of Penalty.
Can an employee contest lack of penalties?
An employer may contest the existence of the violation alleged in a citation, the reasonableness of the abatement date, the reasonableness of the changes required by DOSH, and the amount of any proposed civil penalty.
Should you contest an OSHA citation?
Cal/OSHA inspections results in one or more citations being issued the majority of the time. Most Safety Professional advise Employers to file an appeal within the 15 days regardless of the conditions of the citation to secure your rights (of appeal – discussion).
How can I reduce my OSHA penalty?
How to Contest and Reduce OSHA Fines
- Penalty reduction.
- Extension of abatement dates.
- Deletion of citations.
- Reclassification of citations.
- Clarification of abatement procedures or alleged violations.
- A public relations opportunity with the area director.
How long does it take OSHA to investigate?
Cal/OSHA sends an inquiry to the employer. Depending on how serious the complaint, the employer has between three and 14 days to either demonstrate the hazardous conditions were corrected or do not exist. Employers must post the inquiry letter and their response in a public place at work.
Does OSHA give warnings?
A citation or notice isn’t always necessary, instead, OSHA may give a verbal warning. A note is made in your company’s safety file, but there aren’t always penalties.
Can OSHA shut down a job site?
OSHA officials can order work to stop if they find a severe risk on-site, but contrary to popular belief, they don’t have the authority to shut down a business entirely. Only a court order can do that.
How long do I have to contest an OSHA citation?
You have 15 working days from the date you receive the citation to contest in writing the citation, the proposed penalty and/or the abatement date. Before deciding to contest the citation, you may request an informal conference with the OSHA area director within the 15-working-day period to discuss any issues related to the citation.
What happens if you fail to post an OSHA citation?
Failure to follow posting requirements is a violation and can result in a penalty. Before sending your notice of contest, you may request an informal conference with the OSHA Area Director within the 15-working-day period to discuss any issues related to the citation.
Can I dispute an OSHA citation without a hearing?
You may reach a settlement in a pre-hearing conference. This conference will be your best opportunity to dispute the citation without having to go through a formal hearing. If there is still a dispute after you speak with the OSHA area director about your citations, the judge will join the conference to mediate and try to reach a resolution.
How long does a traffic citation have to be posted?
The citation must remain posted for three working days or until the violation is corrected, whichever is longer. You must comply with these posting requirements even if you contest the citation. Failure to follow posting requirements is a violation and can result in a penalty.