This browser is not actively supported anymore. For the best passle experience, we strongly recommend you upgrade your browser.
| 2 minute read

You've Received OSHA Citations — Now What?

Few things rattle a business owner like an official envelope from the Occupational Safety and Health Administration (OSHA). A citation can feel alarming, especially when it arrives with proposed penalties and a deadline attached. The good news is that a citation is not the final word. Employers have several options, and the right move depends on the facts of your situation. What matters most is that you act deliberately and quickly, because the clock starts running the moment the citation arrives.

Below are the three main paths forward.

Option 1: Request an Informal Conference

After receiving a citation, you can ask OSHA for an informal conference with the area director. This is an informal, often productive conversation, not a courtroom proceeding. It gives you a chance to present additional information, ask questions about the alleged violations, and discuss possible resolutions.

These conferences frequently lead to favorable outcomes, especially when aided by experienced legal counsel. OSHA may agree to withdraw a citation, reduce the proposed penalty, or reclassify the severity of a violation. Importantly, requesting an informal conference does not waive your right to formally contest the citation later, and it does not forfeit any early-payment discount you might otherwise qualify for. In other words, it is a low-risk opportunity to better understand your position and potentially improve it.

Option 2: Contest the Citation

If you believe the citation is unwarranted, you can formally contest it. This means challenging the violation itself, the proposed penalty, or the abatement deadline (the date by which OSHA expects the hazard to be corrected). To do so, you must file a written Notice of Contest within 15 working days of receiving the citation. This deadline is strict and missing it generally means the citation becomes a final order that cannot be appealed.

A successful contest usually requires showing one of the following: that OSHA's investigation was insufficient or flawed, that the violation did not actually occur, or that the proposed penalty is unreasonable under the circumstances. Contested cases are heard before an administrative law judge at the Occupational Safety and Health Review Commission, an independent agency separate from OSHA. Because contesting involves a formal legal process, it is wise to involve counsel early.

Option 3: Pay the Penalty

Sometimes the most practical option is simply to pay. If the citation is valid and the penalty is reasonable, paying promptly allows you to resolve the matter, correct the hazard, and move on without the time and expense of a dispute.

There can also be a financial incentive to do so. OSHA often offers a discount — typically around 15% — for employers who pay promptly or who agree to settle without contesting. For minor violations with modest penalties, accepting the citation and addressing the underlying issue may be the most efficient and cost-effective choice.

Conclusion

Receiving an OSHA citation is stressful, but it is a manageable situation when handled thoughtfully. Each of the three options — requesting an informal conference, contesting the citation, or paying the penalty — carries its own advantages and trade-offs, and the best choice depends on the specifics of your case.

Whatever you decide, do not let the 15-working-day deadline slip by. Review the citation carefully, weigh your options, and consider consulting experienced employment counsel before that window closes. A little deliberate action now can save significant cost and disruption down the road.