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How to Contest an OSHA Citation: Step-by-Step Guide for Employers

By HazComFast Safety Team · 2026-03-15 · 10 min read

OSHACitationContestPenaltiesComplianceLegalAbatementDefenseEmployer Rights2026

You Got Cited — Now What?

An OSHA citation arrives with a penalty amount, a description of the alleged violation, and a required abatement date. Your first instinct might be to pay it and move on. Don't. Even if you agree with the violation, contesting or requesting an informal conference can significantly reduce your penalty and correct the narrative.

Here's your complete timeline and strategy.

The 15-Day Clock

When you receive a citation, a strict countdown begins:

| Day | Action |

|---|---|

| Day 1 | Citation received — read every page carefully |

| Days 1–5 | Gather evidence, photos, training records, SDS documentation |

| Days 5–10 | Request informal conference with Area Director |

| Day 15 | ABSOLUTE DEADLINE to file Notice of Contest |

Critical: The 15-day deadline is calculated in *working days* (Monday–Friday, excluding federal holidays). Miss it and the citation becomes final — no exceptions, no extensions.

Your Three Options

Option 1: Accept the Citation

Pay the penalty, fix the hazard by the abatement date, and move on. This becomes part of your OSHA record for 5 years and can increase penalties for future violations.

Option 2: Informal Conference

Request a meeting with the OSHA Area Director. This is the most common and often most effective approach:

  • No lawyers required (but can bring one)
  • Discuss the facts, present evidence, negotiate penalties
  • Can result in reclassification (e.g., serious to other-than-serious)
  • Penalty reductions of 25–60% are typical
  • Extended abatement dates are negotiable
  • Does NOT waive your right to formally contest
  • Option 3: Formal Contest

    File a written Notice of Contest with the OSHA Area Office. This sends the case to the Occupational Safety and Health Review Commission (OSHRC):

  • Assigned to an Administrative Law Judge (ALJ)
  • Full evidentiary hearing with witnesses
  • Can take 1–3 years to resolve
  • Legal representation strongly recommended
  • You

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