15 working days. After that, the citation is final.
Contesting Your OSHA Citation: What to Know Before You File
Contesting can reduce or eliminate a citation — but only if you approach it correctly. The wrong move can make your situation worse.
5 Steps Before You Contest
- 1
Determine if contesting makes sense.
Assess the citation type (serious, willful, repeat), penalty amount, and your documentation strength. An informal conference often achieves the same result without the risk of a formal proceeding.
- 2
Start with an informal conference, not a Notice of Contest.
Request an informal conference with the OSHA Area Office first. Reductions of 30-60% are routine. You can still file a Notice of Contest after the conference if you're unsatisfied.
- 3
Assess your documentation.
Can you prove the cited standard was not violated, or that you had an affirmative defense? Your documentation package determines how strong your case is.
- 4
File the Notice of Contest in writing if you proceed.
Send written notice to the OSHA Area Office within 15 working days. The case goes to the Occupational Safety and Health Review Commission (OSHRC).
- 5
Prepare for the OSHRC process.
OSHRC proceedings can take 1-3 years. You'll need to respond to discovery, potentially depose witnesses, and present your case at a hearing. This is where attorneys earn their fees.
The Risks of Contesting Without Preparation
- OSHA can investigate further during a formal contest and add violations you weren't originally cited for.
- If you lose at OSHRC, penalties are final and you've spent legal fees on top.
- A poorly organized contest delays abatement, which can be used against you.
- Without strong documentation, OSHA's documentation of the inspection day is presumed accurate.
Prepare Your Defense Before You Contest
The Citation Response System walks you through classifying your citation, mapping your existing documentation to the cited standard, and preparing for the informal conference — the step that resolves most contests before they reach OSHRC.
30-day money-back guarantee. Instant download. Not legal advice.
Common Questions
What is the deadline to contest an OSHA citation?
You have 15 working days from receipt of the citation to file a Notice of Contest in writing to the OSHA Area Office. Missing this deadline makes the citation a final order — penalties are fixed and no longer negotiable.
What is the difference between an informal conference and a Notice of Contest?
An informal conference is a voluntary settlement meeting with the OSHA Area Director — no hearing, no judges, and you keep your right to contest afterward. A Notice of Contest is a formal legal proceeding before the Occupational Safety and Health Review Commission (OSHRC). Start with the informal conference in most cases.
Do I need a lawyer to contest an OSHA citation?
For informal conferences and simple serious violations, many contractors proceed without an attorney. For willful violations, repeat violations, penalties over $100,000, or OSHRC hearings, legal representation is strongly recommended.
Can OSHA add more violations if I contest?
Yes. During a formal contest, OSHA can conduct additional investigation and potentially add violations they did not cite initially. This is one reason informal conferences are preferable — they are settlement discussions, not adversarial proceedings.