Wednesday, December 7, 2011

Employer options after an OSHA Citation has been given.

As an employer who has been cited, you may take either of the following courses of action:
  • If you agree to the Citation and Notification of Penalty, you must correct the condition by the date set in the citation and pay the penalty, if one is proposed.
  • If you do not agree, you have 15 working days from the date you receive the citation to contest in writing any or all of the following:
    • Citation;
    • Proposed penalty; and/or
    • Abatement date.
Before deciding to contest the citation, you may request an informal conference with the OSHA area director within the 15 working day period to discuss any issues related to the Citation and Notification of Penalty. (See the following section on Informal Conference and Settlement).

OSHA will inform the affected employee representatives of the informal conference or contest.

Before Deciding to Contest

Before deciding whether to file a Notice of Intent to Contest, you may request an informal conference with the OSHA area director to discuss the Citation and Notification of Penalty. You may use this opportunity to do any of the following:
  • Obtain a better explanation of the violations cited;
  • Obtain a more complete understanding of the specific standards that apply;
  • Negotiate and enter into an informal settlement agreement;
  • Discuss ways to correct violations;
  • Discuss issues concerning proposed penalties;
  • Discuss proposed abatement dates;
  • Resolve disputed citations and penalties, (thereby eliminating the need for themore formal procedures associated with litigation before the Occupational Safety and Health Review Commission); and
  • Obtain answers to any other questions you may have.

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