What happens if OSHA issues a citation and you do not agree with any or all of it? You have 15 working days from the date you receive the citation to contest in writing the citation, proposed penalty, and/or the abatement date.
The Informal Conference Option
Before formally contesting a citation, employers may request an informal conference with OSHA within the 15-working-day period to discuss any issues related to the citation. Employers often use these informal conferences to negotiate the settlement of a citation before resorting to legal remedies in a formal contest.
During an informal conference, employers can plead their case and defenses to OSHA in an effort to negotiate a settlement in which OSHA:
- Vacates a cited violation;
- Lowers the classification of a violation;
- Decreases the penalty amount assessed;
- Bundles multiple violations into one; and/or
- Extends abatement dates.
Filing a Notice of Intent to Contest
Should you fail to reach a settlement in the informal conference, you must file a written Notice of Intent to Contest within the required 15 working days. Note that your 15 days does not get extended because you engaged in the informal conference.
Upon receipt of a Notice of Intent to Contest, the OSHA area director forwards your case to the Occupational Safety and Health Review Commission (OSHRC), which hears employer contests of OSHA citations. During an OSHRC contest hearing, a lawyer for the Department of Labor will seek to enforce the citation against you and the hearing will be decided by an administrative law judge. The OSHRC contest hearing contains all the elements of a trial, including examination and cross-examination of witnesses.
If you do not file a written Notice of Intent to Contest within 15 working days, your citation will become a final order not subject to review by any court or agency.
Takeaways
Employers should always try to reach a settlement with OSHA through an informal conference before proceeding to a formal contest. An early settlement will save you the time and money of a formal contest before the OSHRC. If it does not settle, you can always file a formal contest (but keep an eye on that 15 day deadline). Bradley regularly negotiates favorable settlements for employers during the informal conference process. However, when that does not work, Bradley has experience and success in representing clients in legal proceedings before the OSHRC as well.