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.
- Employers
- Workers
Right after a citation arrives
- Post a copy at or near each place a violation occurred, for 3 working days or until it’s fixed, whichever is longer
- Note the 15-working-day deadline to contest
- Start fixing hazards now; serious hazards shouldn’t wait for the outcome
- Consider requesting an informal conference
Employer options
| Option | What it means |
|---|---|
| Accept and pay | Fix the hazards by the abatement dates, certify abatement, and pay the penalty. |
| Informal conference | Meet 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 contest | A 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 abatement | If 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
- Workers or their union can contest the abatement date if they think it’s too long, within 15 working days.
- Workers can take part in the case if the employer contests (they can elect “party status”).
- Workers can’t be punished for taking part. See Whistleblower Protection.
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
- 29 CFR Part 1903: Inspections, citations and proposed penalties
- Occupational Safety and Health Review Commission
- See also: OSHA Inspections
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