How Do You Contest An OSHA Citation?

by | Last updated on January 24, 2024

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the OSHA area office listed on the Citation and Notification of Penalty. If you wish to contest any portion of your citation, you must submit a Notice of Intent to Contest

in writing to the OSHA area office

within 15 working days after receipt of the Citation and Notification of Penalty.

Are employers allowed to contest an OSHA citation?

Employees or their authorized representatives

may contest any or all of the abatement dates set

for violations if they believe them to be unreasonable. A written Notice of Intent to Contest must be filed with the OSHA area director within 15 working days after the employer receives the citation.

Can you appeal an OSHA violation?

If your company receives an OSHA violation that you do not agree with,

you have the right to file an appeal

.

How can I reduce my OSHA violation?

  1. Develop a safety plan. …
  2. Ensure comprehensive training. …
  3. Provide any necessary PPE. …
  4. Empower your employees.

Are OSHA fines negotiable?


OSHA may negotiate lower penalties

in exchange for fixing things specifically addressed in the citation. It is not always possible to negotiate fines with OSHA.

What are the most common OSHA violations?

  • Fall Protection – General Requirements (29 CFR 1926.501): 5,424 violations.
  • Hazard Communication (1910.1200): 3,199.
  • Respiratory Protection (1910.134): 2,649.
  • Scaffolding (1926.451): 2,538.
  • Ladders (1926.1053): 2,129.

What happens when you get an OSHA violation?

When you receive an OSHA Notice, you must post it (or a copy of it) at or near the place where each violation occurred to make employees aware

of the hazards to which they may be exposed

. The OSHA Notice must remain posted for 3 working days or until the hazard is abated, whichever is longer.

Who is not covered by OSHA and why?

Who is not covered by the OSH Act

What is a serious OSHA violation?

SERIOUS: A serious violation exists

when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm

, unless the employer did not know or could not have known of the violation.

Can OSHA fine an employee?

Can an employee be fined by OSHA? No.

OSHA does not fine employees for workplace and jobsite safety violations

. It is the employer’s duty to provide and ensure a safe and healthy working environment that is compliant with all OSHA standards.

What is the average OSHA fine?

Type of Violation Minimum Penalty Maximum Penalty Serious

$964 per violation


$13,653 per violation
Other-than-serious $0 per violation $13,653 per violation Willful or Repeated $9,63 per violation $136,532 per violation Posting Requirements $0 per violation $13,653 per violation

What happens if you don’t pay an OSHA fine?

What happens if you don’t pay OSHA fines? In short order, anything

from arrest to contempt charges to potential imprisonment

. Don’t let your company go down in history like these companies. Do better for your employees and your customers.

Can OSHA fine small companies?

Even though

small businesses are not fined for violations

, implementing certain safety rules can prove to be a good business decision in the long run. For that purpose, OSHA offers a number of resources that can suit small business owners.

What are the top 5 OSHA violations?

  • Fall Protection – General Requirements (1926.501): 5,424 violations.
  • Hazard Communication (1910.1200): 3,199.
  • Respiratory Protection (1910.134): 2,649.
  • Scaffolding (1926.451): 2,538.
  • Ladders (1926.1053): 2,129.
  • Lockout/Tagout (1910.147): 2,065.

What are 3 examples of OSHA standards?

Examples of OSHA standards include

requirements to provide fall protection, prevent trenching cave-ins, prevent infectious diseases

, ensure that workers safely enter confined spaces, prevent exposure to harmful substances like asbestos, put guards on machines, provide respirators or other safety equipment, and provide …

What are three examples of common OSHA violations?

  • Scaffolding, General – 9,093 violations.
  • Fall Protection – 6,771 violations.
  • Hazard Communication – 6,378 violations.
  • Respiratory Protection – 3,803 violations.
  • Lockout/Tagout – 3,321 violations.
  • Electrical, Wiring – 3,079 violations.
  • Ladders – 3,072 violations.
Rachel Ostrander
Author
Rachel Ostrander
Rachel is a career coach and HR consultant with over 5 years of experience working with job seekers and employers. She holds a degree in human resources management and has worked with leading companies such as Google and Amazon. Rachel is passionate about helping people find fulfilling careers and providing practical advice for navigating the job market.