OSHA term · Glossary
Contest
Verified vs OSHA sources · 2026-10-05
An employer's formal challenge to an OSHA citation, penalty, or abatement date. To contest, the employer must file a written Notice of Contest with the OSHA Area Director within 15 working days of receiving the Citation and Notification of Penalty. Filing sends the case to the independent Occupational Safety and Health Review Commission (OSHRC); missing the deadline makes the citation a final, un-appealable order.
Also known as: Notice of Contest, contesting a citation
On this page
Contest at a glance
- Must be filed in writing within 15 working days of receiving the citation.
- Goes to the independent OSHRC — not OSHA itself.
- Can contest the citation, the penalty, and/or the abatement date.
- Missing the deadline makes the citation a final order that can't be appealed.
In plain English
Formally fighting an OSHA ticket. You have 15 working days to mail a written “Notice of Contest,” which sends your case to an independent court (OSHRC). Miss the deadline and the citation — and the fine — become final with no appeal.
What the rule says
“Any employer to whom a citation or notice of proposed penalty has been issued may, under section 10(a) of the Act, notify the Area Director in writing that he intends to contest such citation or proposed penalty before the Review Commission. Such notice of intention to contest shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty.”
In context
An enforcement, recordkeeping, or general-duty concept under the Occupational Safety and Health Act and 29 CFR. These terms define how OSHA inspects, cites, and penalizes employers.
Where this is written in OSHA's rules
- 29 CFR 1903.17Read on eCFR / OSHA.gov
- 29 CFR 1903.17(a)Read on eCFR / OSHA.gov
Example
A contractor disputes a repeat citation, so within 15 working days of receiving it he mails a Notice of Contest to the Area Director. The case goes to OSHRC, where an Administrative Law Judge holds a hearing; if he'd missed the 15-day window, the citation and penalty would already be final.
Why it matters
The 15-working-day contest deadline is absolute — and it's the only way to formally dispute a citation before a neutral court. Employers who let the window lapse (often while “still gathering information”) lose the right to challenge the citation, penalty, and abatement date entirely.
Informal conference does NOT extend the contest deadline
Requesting an informal conference with the Area Director is smart, but it does NOT pause or extend the 15-working-day contest clock. If you might contest, file the Notice of Contest within 15 working days regardless of whether an informal conference is scheduled.
The contest path (after a Notice of Contest)
| Stage | What happens |
|---|---|
| Notice of Contest | Filed with the Area Director within 15 working days |
| ALJ hearing | An OSHRC Administrative Law Judge hears the case |
| Commission review | The full Review Commission may review the ALJ decision |
| Court of Appeals | Final decisions can be appealed to a U.S. Court of Appeals |
Contest: frequently asked questions
- How long do I have to contest an OSHA citation?
- 15 working days from receiving the Citation and Notification of Penalty. You must file a written Notice of Contest with the OSHA Area Director within that window, or the citation becomes a final order.
- Where does a contested citation go?
- To the Occupational Safety and Health Review Commission (OSHRC), an independent agency. An Administrative Law Judge hears the case; decisions can be reviewed by the full Commission and appealed to a U.S. Court of Appeals.
- Does an informal conference extend my contest deadline?
- No. The 15-working-day contest period keeps running during an informal conference. If you may contest, file the Notice of Contest within 15 working days regardless.
Related terms
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More OSHA terms
The action an employer takes to fix a cited violation or eliminate a hazard OSHA identified during an inspection. The citation sets an abatement date, the deadline to correct the hazard, and within 10 calendar days after that date the employer must certify to OSHA that the violation was abated. Failure to abate accrues additional penalties of up to $16,550 per day.
Area DirectorThe senior OSHA official in charge of a specific OSHA Area Office — the local unit that runs inspections and enforcement in its geographic territory. The Area Director has the authority to issue citations, propose penalties, hold informal conferences with employers, and approve settlement agreements. When a Compliance Safety and Health Officer (CSHO) completes an inspection, it's the Area Director who ultimately issues the citation.
Bureau of Labor Statistics (BLS)The federal statistical agency within the U.S. Department of Labor that collects, analyzes, and publishes data on workplace injuries, illnesses, and fatalities. BLS conducts the annual Survey of Occupational Injuries and Illnesses (SOII) — compiled from employer OSHA 300 logs — and the Census of Fatal Occupational Injuries (CFOI). SOII data drives OSHA's Site-Specific Targeting (SST) program: establishments whose DART rates significantly exceed their BLS industry average are placed on the SST inspection list.
Competent PersonUnder OSHA's construction standards, a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions, and who has the authorization to take prompt corrective measures to eliminate them. The role requires both knowledge and the authority to act, and is mandated by name in many specific standards — excavations, scaffolds, fall protection, asbestos, and more.
CitationThe formal written notice OSHA issues to an employer after an inspection, describing each alleged violation, the standard cited, the proposed penalty, and the date by which the hazard must be corrected (abated). OSHA must issue a citation with reasonable promptness and no later than six months after the violation occurred.
Closing ConferenceThe meeting at the end of an OSHA inspection where the compliance officer confers with the employer and informally advises them of any apparent violations found. Importantly, the closing conference discusses what was observed and the employer's rights — but it does NOT state final citations or penalties, which come later in the written Citation and Notification of Penalty.
Compliance Officer (CSHO)An OSHA Compliance Safety and Health Officer — the inspector who conducts workplace inspections. A CSHO presents credentials (a photo ID and a serial number), holds the opening conference, performs the walkaround, collects evidence, interviews employees, and recommends citations. CSHOs are either safety specialists or industrial hygienists.
DART RateDays Away, Restricted, or Transferred rate — an injury-rate metric from OSHA 300-Log data: (number of DART cases × 200,000) ÷ total hours worked. DART cases are those with days away from work (Column H) plus those with job transfer or restriction (Column I). OSHA uses it to target inspections at higher-injury establishments.
Sources & verification
- 29 CFR 1903.17 (eCFR / OSHA.gov)
- 29 CFR 1903.17(a) (eCFR / OSHA.gov)
- 29 CFR 1903.17 — Employer contests before the Review Commission (eCFR)
- OSHA — Employer Rights Following an Inspection
Reviewed by HazComFast against eCFR, OSHA.gov, NIOSH, and the Federal Register. Last reviewed 2026-10-05. This glossary is general information, not legal advice; OSHA State-Plan states (e.g. California, Michigan) may adopt stricter requirements.
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