Step 1: Read the Citation Carefully
An OSHA citation is a formal legal document. Before deciding how to respond, read every page carefully. The citation will include:
- Citation number and item number — each alleged violation is a separate item; you can contest individual items without contesting the entire citation
- The specific standard allegedly violated — the CFR citation number and the text of the standard
- Description of the alleged violation — what the inspector observed and why it allegedly violates the standard
- Penalty proposed — the dollar amount OSHA is proposing for each item
- Abatement date — the deadline by which OSHA requires you to correct the violation
- Violation classification — other-than-serious, serious, willful, or repeated
You should also have received a copy of the inspection report and any photographs the inspector took. If you did not, request them from the OSHA Area Office.
Step 2: Understand Your Options
You have three paths after receiving a citation:
Option A: Accept and pay
Pay the penalty within 15 working days, correct the violations by the abatement dates, and submit abatement documentation. The citation becomes part of your OSHA record for five years and can be used to classify future violations as "repeated," which carries penalties up to $165,514.
Option B: Request an informal conference
Request a meeting with the OSHA Area Director before the 15-day deadline. This is not a formal legal proceeding — it's a negotiation. Most experienced compliance professionals consider this the best first step for almost every citation. You can often reduce penalties, get violations reclassified to lower categories, get abatement dates extended, or have some items withdrawn entirely — without filing a formal contest. Requesting an informal conference does not waive your right to file a formal contest afterward.
Option C: File a formal Notice of Contest
Submit a written Notice of Contest to the OSHA Area Director within 15 working days. This initiates a formal legal proceeding before the Occupational Safety and Health Review Commission (OSHRC). Once filed, the citation is stayed pending the outcome of the proceeding. This option makes sense when there are substantive legal or factual grounds to challenge the citation and the informal conference didn't resolve them.
Step 3: Request an Informal Conference (Recommended First Step)
Call the OSHA Area Office that issued the citation and request an informal conference. You can do this even if you're also considering a formal contest — the conference does not waive any rights. Request it promptly; conferences should be scheduled within the 15-working-day window.
What to bring to the informal conference:
- Documentation showing the violation has already been corrected — photos, purchase receipts for new equipment, updated written programs, training records
- Evidence of your safety program — written programs, training records, inspection logs, safety committee minutes
- Any facts that call the inspector's observations into question — your own photographs from the inspection, employee statements, expert opinions
- Evidence of your company size, history, and good faith efforts — relevant to penalty reduction calculations
Penalties are frequently reduced at this stage — often by 30–60% — for employers who can demonstrate prompt abatement, good faith, and a genuine safety program. Some items are withdrawn entirely when additional context is provided.
Step 4: Correct the Violations Regardless
Contesting a citation does not suspend your obligation to correct the underlying hazard. If the condition cited poses a real risk to workers, fix it. Correcting violations while a contest is pending demonstrates good faith, protects workers, and strengthens your position in any proceeding.
Document every corrective action with photos, purchase records, training documentation, and written records. This documentation is what you submit to OSHA as proof of abatement.
Step 5: Decide Whether to File a Formal Contest
If the informal conference doesn't resolve the matter to your satisfaction, you have until the end of the 15-working-day window to file a Notice of Contest. Grounds for contesting include:
- The cited condition did not exist or was corrected before the inspection
- The condition existed but does not violate the cited standard
- You were not the employer responsible for the condition (multi-employer worksite situations)
- The proposed penalty is excessive given the gravity, size, history, and good faith factors
- The abatement date is unreasonably short given the nature of the required correction
- OSHA failed to follow required inspection procedures
Filing the Notice of Contest
The Notice of Contest must be in writing and sent to the OSHA Area Director who issued the citation. There is no required form — a letter is sufficient. It must state that you are contesting the citation (or specific items), and it should be sent by certified mail with return receipt so you have proof of timely filing.
Once filed, OSHRC dockets the case. OSHA's attorneys become the opposing party. Most contested cases settle before a formal hearing — your Notice of Contest essentially opens formal settlement negotiations with OSHA's legal team.
The Petition for Modification of Abatement (PMA)
If you accept a citation but need more time to correct the violations, you can file a Petition for Modification of Abatement (PMA) without contesting the citation itself. A PMA requests an extension of the abatement deadline. To file a PMA:
- Submit in writing to the OSHA Area Office before the original abatement date
- Explain the reasons the violation cannot be corrected by the original deadline
- Describe the steps already taken toward abatement
- State the date by which abatement can be completed
- Describe interim protective measures in place while permanent correction is being made
- Post a copy of the PMA at or near the location of the cited violation so employees can comment
When to Hire an Attorney
You can handle an informal conference yourself in most cases. For formal contests before OSHRC, legal representation is strongly advisable. Consider hiring an OSHA defense attorney when:
- The total penalty exposure exceeds $50,000
- You have willful or repeated violations on the citation
- A worker was seriously injured or killed and criminal referral is a possibility
- OSHA's characterization of the facts is significantly different from yours
- You have complex multi-employer worksite liability questions
- Your industry is subject to an active OSHA emphasis program and further inspections are likely
OSHA defense attorneys generally offer free initial consultations. Even if you end up handling the matter yourself, an hour with an attorney immediately after receiving a citation can help you understand your options and avoid mistakes.
After Resolution: Protecting Your Record
Once a citation is resolved — paid, settled, or withdrawn — document everything. The citation remains on your OSHA record for five years. During that period, a violation of the same or similar standard can be classified as "repeated," carrying penalties up to $165,514 per violation.
Use the citation as a starting point for a broader safety audit. OSHA inspectors don't only look at the specific hazard that prompted an inspection — they observe everything. If you had one violation, there are likely others. Find them before OSHA comes back.