Contested Citation

What It Means

When an employer receives an OSHA citation, they have 15 working days to file a Notice of Contest with the OSHA area director. This initiates a formal legal proceeding before the Occupational Safety and Health Review Commission (OSHRC), an independent federal agency that adjudicates disputes between OSHA and employers. During the contest process, the employer may challenge the violation classification, the proposed penalty amount, the abatement date, or all three. The case is first assigned to an Administrative Law Judge (ALJ) who conducts a trial-like hearing where both OSHA and the employer present evidence and testimony. Either party can appeal the ALJ's decision to the full three-member Review Commission. Contested citations remain open until the case is resolved, which can take months or years. During this period, the employer is not required to pay the penalty or necessarily complete abatement, though OSHA can seek expedited proceedings for imminent danger situations. Approximately 7-10% of OSHA citations are formally contested. Many contested cases are ultimately resolved through informal settlement agreements that often result in reduced penalties.

Frequently Asked Questions