Contesting & Abating OSHA Citations

An OSHA citation lists the violations found, the proposed penalties and the date each hazard must be fixed (the abatement date). The deadlines after a citation arrives are short, and missing them can make the citation final.

Right after a citation arrives

Employer options

OptionWhat it means
Accept and payFix the hazards by the abatement dates, certify abatement, and pay the penalty.
Informal conferenceMeet with the OSHA area director within the 15 working days. Many cases settle here with reduced penalties or changed classifications. It doesn’t extend the contest deadline.
Notice of contestA written notice to the area director within 15 working days contesting the citation, the penalty and/or the abatement date. The case goes to the independent Occupational Safety and Health Review Commission.
Petition for modification of abatementIf you’re working in good faith but can’t finish by the abatement date, ask for more time before the date passes.

Abatement certification

Employers must tell OSHA in writing that each cited hazard has been corrected, generally within 10 calendar days after the abatement date, and for some violations provide proof such as photos, receipts or training records. Workers must be told about the abatement, often by posting the certification.

Penalties

Penalty amounts are adjusted for inflation every January. OSHA can reduce proposed penalties based on employer size, good faith and history of violations, but not for willful violations in most cases. Failing to fix a cited hazard can bring daily failure-to-abate penalties. See Citation Types.

Workers’ rights

Deadlines are strict. If an employer doesn’t file a notice of contest within 15 working days, the citation and penalty become a final order that can’t be reviewed. State plans have their own procedures and deadlines.

Standards & references

Last updated: