Got an OSHA Citation? Here's Exactly What to Do in the First 48 Hours

·5 min read

You just received an OSHA citation. The clock is now running on a 15-working-day deadline that determines whether you pay full penalties, negotiate a reduction, or formally contest the citation. What you do in the next 48 hours sets the foundation for every option available to you.

This is not a comprehensive guide to the entire citation process — for that, see our full post-citation walkthrough. This is the short list: five specific actions to take right now, before anything else.

1. Read the Entire Citation Package — Don't Skim

The citation package contains more than just a fine amount. It includes the specific OSHA standards cited (by CFR number), the violation classification (serious, willful, repeat, or other-than-serious), proposed penalties for each violation, abatement deadlines, and your contest rights notice.

Write down three things:

  • Total proposed penalty — the sum across all violations. This is your financial exposure if you do nothing.
  • Each standard cited — e.g., 29 CFR 1926.501 (fall protection), 29 CFR 1926.451 (scaffolding). You need these to gather the right documents.
  • The date you received the citation — not the date it was issued. Your 15-working-day clock starts from the date of receipt.

2. Mark Your 15-Working-Day Deadline on the Calendar

Count 15 working days (exclude weekends and federal holidays) from the date you received the citation. Write this date down, set a reminder, and treat it as immovable. After this date, the citation becomes a final order of the Occupational Safety and Health Review Commission. No contest. No negotiation. No informal conference. You pay the full amount.

Most contractors who miss this deadline do so because they set it aside to "deal with later." There is no later.

3. Start Gathering Documentation — Today

For each standard cited, pull together every record you have that demonstrates compliance. This is the single most important thing you can do, because your documentation is what determines the outcome of an informal conference or contest.

For most construction citations, this means:

  • Training records — sign-in sheets, toolbox talk logs, certification records for the specific hazards cited
  • Daily logs — site conditions, crew activities, safety observations from the days around the inspection
  • Equipment inspection records — especially for scaffolding, fall protection, and electrical if those standards were cited
  • Written safety programs — your fall protection plan, hazard communication program, or any program relevant to the cited standards
  • Corrective action records — any documentation showing you identified and fixed hazards proactively

If a document exists, find it. If it doesn't exist, don't fabricate it — but know that its absence will be a factor. Learn more about what OSHA expects you to have.

4. Decide Your Path: Accept, Conference, or Contest

You have three options. You don't need to choose today, but you need to understand them now so you're not scrambling at day 12.

  • Accept and pay — You agree to the citation, pay the penalties, and correct the hazards by the abatement date. This is sometimes the right choice for small, other-than-serious citations. But for anything above a few thousand dollars, it's worth exploring the other options first.
  • Request an informal conference — A meeting with the OSHA Area Director to discuss the citation, present documentation, and negotiate. This is where penalty reductions of 30–60% happen. You need organized documentation to make this work.
  • File a Notice of Contest — A formal challenge that goes to the Review Commission. This preserves your rights but is a longer legal process. You can file this AND request an informal conference simultaneously.

The key point: you can request an informal conference and file a Notice of Contest at the same time. Filing the contest preserves your deadline while you negotiate. Many contractors don't know this.

5. Do Not Contact OSHA Until You're Prepared

Do not call the OSHA Area Office to argue, explain, or complain. Anything you say can become part of the file. Before you make any contact with OSHA, have your documentation organized, your response path chosen, and ideally your informal conference talking points outlined.

When you do reach out, be professional and specific. The Area Director has seen hundreds of these — what moves them is organized evidence, not emotion.

What Not to Do in the First 48 Hours

  • Don't pay immediately — You have 15 working days. Use them.
  • Don't ignore it — The deadline is real and the consequences of missing it are permanent.
  • Don't backdate or fabricate documents — This can turn a civil penalty into a criminal matter.
  • Don't post about it on social media — Citations are public record, but your commentary about them can be used against you.
  • Don't destroy documents — Even unfavorable records are better than missing records with a destruction pattern.

The Bottom Line

The first 48 hours after receiving an OSHA citation are about one thing: setting yourself up to respond from a position of strength rather than scrambling at the deadline. Read the citation carefully, mark your deadline, gather your documentation, understand your options, and don't make contact until you're ready.

The penalty amounts on the citation are proposed — not final. Your documentation and your response determine the actual financial outcome.

Frequently Asked Questions

How long do I have to respond to an OSHA citation?+

15 working days from the date you receive the citation. Working days exclude weekends and federal holidays. Missing this deadline means the citation becomes a final order — no negotiation, no contest, no appeal.

Should I pay the OSHA fine immediately?+

No. Do not pay within the first 48 hours. Paying the fine is an option, but it should be a deliberate choice after evaluating your other options — requesting an informal conference or filing a Notice of Contest. Many contractors achieve significant penalty reductions through negotiation.

Can I handle an OSHA citation without a lawyer?+

For informal conferences, many contractors represent themselves successfully — especially with organized documentation. For formal contests before the Review Commission, legal counsel is recommended. The strength of your documentation matters more than legal representation in most informal negotiations.

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