OSHA Defense
OSHA Citation Contest Timeline
OSHA has 180 days after an inspection to issue citations. When an employer receives a citation, it is critical that the employer understand their options upon receiving an OSHA citation. There are important procedural deadlines that pertain to the following options:
OSHA Inspection and Citation Issued
After an inspection, OSHA may issue citations alleging violations, proposing penalties, and setting abatement deadlines. The citation formally triggers the employer’s right to challenge OSHA’s findings.
Informal Settlement Conference
Before litigation, employers may request an informal settlement conference with OSHA. At this stage, experienced counsel can challenge the factual and legal basis of the citation, seek penalty reductions, reclassification of violations, modified abatement terms, or withdrawal of citations altogether.
Formal Notice of Contest
If the matter cannot be resolved informally, the employer may file a timely notice of contest. This preserves the employer’s rights and transfers the case to the Occupational Safety and Health Review Commission for litigation.
Administrative Law Judge Proceedings
The case proceeds before an administrative law judge, where OSHA must prove the alleged violations. Employers may present evidence, examine witnesses, and assert applicable defenses to challenge liability, classification, penalties, and abatement requirements.
Decision and Resolution
Following briefing and hearings, the administrative law judge issues a decision. Cases may be resolved through settlement at any stage or proceed through appeal if necessary, with the goal of minimizing regulatory exposure and protecting the employer’s record.
Effectively contesting an OSHA citation requires a detailed understanding of OSHA regulations, enforcement priorities, and the procedural rules that govern inspections, settlements, and litigation. An experienced OSHA attorney helps employers evaluate the strength of OSHA’s case, identify viable defenses, and make informed decisions at each stage of the process—whether through informal settlement negotiations or litigation before an administrative law judge.
By managing strict deadlines, protecting legal privileges, and focusing on both immediate and long term exposure, seasoned OSHA counsel plays a critical role in reducing penalties, preserving an employer’s record, and minimizing the regulatory, civil, and reputational consequences of OSHA enforcement actions.
