OSHA Informal Conference: What to Expect and How to Prepare

An OSHA informal conference is a meeting with the OSHA Area Director — or their designee — to discuss a citation you have received. It is your best opportunity to negotiate penalty reductions, modify abatement dates, and present documentation that supports a more favorable outcome. Penalty reductions of 30–60% are common for contractors who arrive with organized records and a clear presentation of corrective actions taken.

This guide covers what an informal conference is, how to request one within the 15-working-day window, who should attend, what documentation to bring, how to present your case effectively, and what penalty reductions you can realistically expect.

What Is an OSHA Informal Conference?

The informal conference is a voluntary meeting between the cited employer and the OSHA Area Director. It is not a courtroom proceeding. There is no judge, no court reporter, no formal rules of evidence. It is a structured conversation — a negotiation — where both sides discuss the merits of the citation and explore whether a settlement is appropriate.

Despite its informal name, the conference carries significant financial weight. The Area Director has broad discretion during this meeting to:

• Reduce proposed penalties based on documented good faith, employer size, or history
• Reclassify violation types — for example, from willful to serious, which can reduce the maximum penalty from $165,514 to $16,550
• Modify abatement dates to allow more realistic timelines for correcting hazards
• Withdraw or amend specific citation items if the employer presents compelling evidence
• Enter into a settlement agreement that resolves the citation without formal contest

The informal conference is the most commonly used path after receiving a citation. It is faster and less expensive than a formal contest before the Occupational Safety and Health Review Commission (OSHRC), and it produces favorable outcomes more often than most contractors expect — provided they come prepared.

Requesting the Conference: The 15-Working-Day Window

You must request an informal conference within the 15-working-day contest period that begins when you receive the citation. This is the same window for filing a formal Notice of Contest. The two are not mutually exclusive — you can request an informal conference and file a Notice of Contest simultaneously to preserve both options.

Critical detail: Requesting an informal conference does not pause or extend the 15-day clock. If you request a conference on day 10 and the conference is scheduled for day 18, you have already missed the formal contest deadline. The safest approach is to file the Notice of Contest before the 15-day deadline and proceed with the informal conference. If the conference produces a satisfactory settlement, you can withdraw the formal contest.

To request the conference, contact the OSHA Area Office listed on the citation. This is typically a phone call followed by a written confirmation. The conference is usually scheduled within a few days to two weeks, depending on the Area Office's availability. It can be conducted in person at the Area Office, by phone, or by video conference.

What to Do Immediately After Receiving a Citation

1. Calendar the 15-working-day deadline — Count from the date you received the citation, not the date it was issued. Exclude weekends and federal holidays. Mark this date as immovable.
2. File a Notice of Contest — Even if you intend to negotiate through the informal conference, file the formal contest to preserve your rights. A simple written statement to the Area Director is sufficient.
3. Request the informal conference — Call the Area Office and schedule the conference as soon as possible. The earlier you meet, the more time you have to implement corrective actions before the meeting.
4. Begin assembling documentation — Gather every record relevant to the cited conditions. Training records, daily logs, written programs, corrective action documentation, photos — everything. The strength of your informal conference depends entirely on what you bring.

Who Should Attend the Informal Conference

You can bring anyone you choose to the informal conference — there are no restrictions on representation. The right team depends on the complexity of the citation and the penalties involved.

At minimum, the person who attends should:

• Have authority to make decisions on behalf of the company (accept settlements, agree to abatement terms)
• Understand the cited conditions and what was happening on the jobsite
• Be familiar with the company's safety programs and documentation

For straightforward citations — one or two serious violations with moderate penalties — the company owner or project manager often handles the conference effectively, particularly if they come prepared with organized documentation.

For complex or high-penalty citations — multiple willful violations, penalties exceeding $50,000, or citations that could affect your ability to bid on future work — consider bringing:

• Legal counsel — An attorney experienced in OSHA proceedings can help frame arguments, identify procedural issues, and negotiate more aggressively. Attorney involvement is common in conferences involving willful or repeat violations.
• A safety consultant — A credible third-party safety professional can attest to the quality of your safety program and corrective actions, adding weight to your good faith argument.
• Your competent person or site supervisor — The person who was on site during the inspection and who manages daily safety operations. They can speak to specific conditions and provide context the Area Director may not have received from the inspector's report.

The OSHA Area Director will typically have the compliance officer who conducted the inspection present at the conference, along with any relevant case files and photographs. Understanding this — that the person who cited you will be in the room — helps you prepare a presentation that addresses the specific findings in the inspection report.

What Documentation to Bring

Documentation is the currency of the informal conference. Assertions without evidence are noted but carry little weight. Documents that demonstrate compliance, corrective action, and good faith shift the negotiation in your favor. Bring everything relevant — organized, labeled, and ready to present.

For Every Informal Conference

• The citation itself — With your notes on each item. Know the specific CFR standard cited, the proposed penalty, and the abatement date for every line item.
• Your written safety and health program — Demonstrates that you have a systematic approach to safety management. Bring the full program, not just a cover page.
• Training records — Signed attendance sheets for any training related to the cited hazards. Toolbox talk records covering the relevant topics are particularly valuable because they show ongoing, hazard-specific training.
• Daily site logs — A minimum of 30–60 days of consistent daily logs showing ongoing safety management. Inspectors and Area Directors review these for consistency and detail — not just the days around the inspection.
• OSHA 300 logs — Your injury and illness recordkeeping for the current and prior year. Having these organized and accurate removes a common secondary citation.

Specifically for the Cited Conditions

• Corrective action documentation — If you have already corrected the cited hazard, bring dated evidence: work orders, photos of the corrected condition, purchase receipts for new equipment, updated written procedures. Showing that corrective action was taken promptly and thoroughly is the single most effective argument for penalty reduction.
• Photographic evidence — Timestamped photos showing conditions before, during, or after the inspection. The inspector's photos capture a moment — your photos can provide broader context.
• Equipment inspection records — If the citation involves equipment (scaffolds, fall protection, excavations), bring your inspection logs showing regular, documented inspections.
• Prior corrective actions — If you have addressed similar hazards in the past, bring that documentation. It demonstrates a pattern of responsiveness that directly supports the good faith argument and argues against willful classification.

How to Present Your Case Effectively

The informal conference is a negotiation, and the most effective approach is structured, factual, and documentation-driven. Emotional arguments, complaints about the inspector, or claims that the violation was not serious are rarely productive. What works is evidence.

Structure Your Presentation

Address each citation item individually. For each one:

1. Acknowledge or dispute the factual basis — If the cited condition existed, acknowledge it. If the description is inaccurate, explain specifically how, with evidence.
2. Present mitigating documentation — Training records showing employees were trained on the hazard, daily logs showing the condition was typically managed, corrective action records showing you responded when similar issues arose.
3. Show corrective action taken — Demonstrate that the hazard has been corrected and that measures are in place to prevent recurrence. Date-stamped evidence is most credible.
4. Make your reduction arguments — Request specific reductions for good faith (documented safety program, training records), size (employee count), and history (clean record). Do not just ask for a lower penalty — point to the evidence that justifies each reduction factor.

Negotiation Leverage Points

Several factors give you legitimate leverage during the conference:

• Prompt correction — Correcting the hazard before the conference demonstrates good faith and may support reclassification of the violation to a lower severity.
• Documentation quality — Presenting organized, comprehensive records creates a stark contrast with the typical contractor who arrives with little or nothing. Area Directors notice the difference.
• Willingness to enter a settlement — Settling the case at the informal conference saves OSHA the time and expense of formal proceedings. This is genuine leverage — OSHA's enforcement resources are limited, and resolving cases informally is in everyone's interest.
• Factual disputes — If you can demonstrate that the inspector's observations were incomplete or that the cited standard does not apply to your specific conditions, you have a basis for withdrawing or amending the citation item.
• Classification challenges — If a violation is classified as willful but you can demonstrate documented safety efforts, corrective actions, and training, you can argue for reclassification to serious — reducing the maximum penalty from $165,514 to $16,550.

Realistic Penalty Reduction Scenarios

The outcome of an informal conference depends on the specific facts and the documentation you present. Here are three scenarios based on common citation patterns for construction contractors:

Scenario 1: Single Serious Violation, Strong Documentation

A 20-person framing contractor receives a serious citation for a fall protection violation (29 CFR 1926.501) with a proposed penalty of $14,502. At the conference, the contractor presents signed fall protection training records, 60 days of daily logs, a written fall protection plan, and photos showing the hazard was corrected the same day it was identified by the inspector.

• Size reduction (70% for 20 employees): −$10,151
• Good faith reduction (25%): −$3,626
• History reduction (10%, no prior violations): −$1,450
• Settlement amount: approximately $1,190 (statutory minimum)
• Total reduction: approximately 92%

Scenario 2: Multiple Citations, Moderate Documentation

A 45-person general contractor receives three serious citations totaling $38,700 — fall protection, scaffolding, and hazard communication violations. The contractor has a written safety program and some training records but no corrective action documentation and inconsistent daily logs.

• Size reduction (40% for 45 employees): −$15,480
• Good faith reduction (partial, ~10%): −$3,870
• History reduction (10%): −$3,870
• Settlement amount: approximately $15,480
• Total reduction: approximately 60%

The missing corrective action documentation and inconsistent logs cost this contractor the full good faith reduction. If daily logs had been maintained consistently and corrective actions documented, the additional 15% good faith credit would have saved another $5,805.

Scenario 3: Willful Violation Reclassification

A 30-person concrete contractor receives a willful citation for a trenching violation (29 CFR 1926.652) with a proposed penalty of $82,757. The inspector classified it as willful based on the severity of the hazard — an unprotected excavation exceeding 8 feet deep. At the conference, the contractor presents a corrective action log showing that a similar condition was identified and corrected two months prior, signed excavation safety training records for all crew members, and daily logs documenting regular trench inspections on other project days.

The Area Director reclassifies the violation from willful to serious based on the documented corrective action history, which contradicts the "intentional disregard" element required for willful classification. The penalty is recalculated:

• Reclassified serious violation base: $16,550
• Size reduction (40% for 30 employees): −$6,620
• Good faith reduction (25%): −$4,138
• Settlement amount: approximately $5,792
• Total reduction from original proposal: approximately 93%

The reclassification alone — from willful to serious — reduced the penalty exposure by over $66,000. The corrective action documentation was the deciding factor.

What to Expect After the Informal Conference

If the conference produces a settlement, you will receive a written informal settlement agreement (ISA) that documents the agreed-upon terms: modified penalties, revised abatement dates, and any amended violation descriptions. Review this carefully before signing. Once signed, the ISA becomes a final order — you generally cannot contest it further.

If you cannot reach an agreement, you retain all rights under your Notice of Contest (assuming you filed one before the deadline). The case proceeds to the Review Commission for formal adjudication. The information discussed during the informal conference is not binding on either party in the formal proceeding.

Most informal conferences result in some form of settlement. Contractors who come prepared with organized documentation consistently achieve reductions of 30–60% or more. Those without documentation typically receive only the automatic size adjustment and walk away with a significantly higher bill.

Prepare for the Conference Before the Inspection

The contractors who achieve the best outcomes at informal conferences are not the ones who scramble to compile records during the 15-day window. They are the ones who built their documentation systems before the inspection occurred. Their training records were signed because that was the standard process. Their daily logs were consistent because a structured template was being used every day. Their corrective actions were documented because a tracking system was in place.

The informal conference is the moment where documentation pays off in measurable dollars. Every training record you signed, every daily log you completed, every corrective action you documented — each one becomes a negotiation tool that reduces your financial exposure. The cost of creating these records is minutes per day. The return is measured in thousands of dollars in penalty reductions.

If you are preparing for an informal conference right now, gather everything you have, organize it by citation item, and present it clearly. If you are reading this before a citation — before an inspection — you have time to build the documentation foundation that makes informal conferences work in your favor. The best time to prepare for a negotiation is before you need one.