Informal Conferences & OSHA Settlements
Most OSHA citations are resolved without a trial. After a citation is issued, the employer can ask for an informal conference with the OSHA area director. Many cases are settled there. But strict deadlines apply, and asking for a conference does not stop the clock.
- Employers
- Safety Managers
- Employee Representatives
The 15-working-day deadline
- An employer has 15 working days after receiving a citation to pay or file a written notice of contest. Missing the deadline makes the citation a final order that cannot be challenged. See Contesting Citations.
- An informal conference does not extend the 15-day period unless OSHA agrees in a signed settlement or the employer files a notice of contest to protect its rights.
What the informal conference is
- A meeting (in person, phone or video) between the employer and the OSHA area director or a designee to discuss the citation.
- The employer can explain why the citation or penalty should change, show corrective actions and present evidence.
- OSHA may discuss the facts, the standard, penalties and abatement.
- Employees or their representatives can be notified and may take part in the conference or settlement discussions, and can comment on abatement.
What a settlement can do
- Reduce penalties, especially for quick correction and a good compliance history. See Citation Types.
- Reclassify a citation, for example from serious to other-than-serious, or withdraw an item.
- Extend abatement dates when more time is needed.
- Add terms such as safety training, audits or an improved safety program.
- Settlement is a written agreement, signed by the employer and OSHA, and posted for employees. It becomes a final order.
Tips
- Mark the 15-working-day deadline right away; file a notice of contest if there is a risk of running out of time
- Fix hazards quickly and keep records, photos and receipts
- Bring training records, programs and inspection logs to the conference
- Consider consulting a safety professional or attorney
- Workers: tell OSHA if you think the proposed changes would leave hazards uncorrected. See Worker Rights
- Post copies of citations and the final agreement where required
Note: Procedures differ in states with their own OSHA plans. This is general information, not legal advice.
Standards & references
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