An employer must mail a written notice of intent to contest so it is postmarked within 15 working days after the employer receives the notice of proposed penalty. See 1903.17(a) for the exact timing requirement.
An employer must send a written notice of intention to contest to the Area Director, and the notice must be postmarked within the 15 working-day deadline. The Area Director then immediately transmits the notice to the Review Commission. See 1903.17(a).
The notice must state whether the contest is directed to the citation, the proposed penalty, or both. Be clear and specific about what you are disputing. This requirement is in 1903.17(a).
Yes—an employer can contest individual citations or individual proposed penalties, but the written notice must specify which citation(s) or penalty(ies) are being contested. Make sure your notice clearly identifies the items you dispute per 1903.17(a).
Any employee or representative of employees may file a written notice with the Area Director claiming the abatement period in a citation is unreasonable, and it must be postmarked within 15 working days after the employer receives the notice of proposed penalty or a notice that no penalty is proposed. See 1903.17(b).
The Area Director must immediately transmit that written notice to the Occupational Safety and Health Review Commission following the Commission’s rules of procedure. This transmission requirement is in 1903.17(b).
Filing a timely notice of contest generally suspends the employer's obligation to abate the specific contested condition(s) and to pay penalties for those contested items until the matter is adjudicated or settled. OSHA explains this suspension in its policy on contesting citations. See 1903.17(a) and OSHA’s policy in Policy on contesting citations | 2023-09-11 for details.
OSHA will normally stop investigatory activities after an employer properly files a notice of contest, but the agency reserves the right to take enforcement actions (for example, to address imminent dangers) as necessary to protect workers. See OSHA’s Policy on contesting citations | 2023-09-11 and 1903.17(a).
OSHA generally will not issue an additional citation for the exact same condition, equipment, and location while that condition is under proper contest, but the agency reserves the right to act if necessary to protect workers, such as seeking relief for imminent danger. See OSHA’s Policy on contesting citations | 2023-09-11 and 1903.17(a).
You should keep proof of timely delivery such as certified mail return receipt, courier tracking, or a stamped receipt showing the postmark date; the regulation requires the notice be postmarked within 15 working days. Keeping documentation helps prove your contest was timely under 1903.17(a).
Yes—every notice of intention to contest must specify whether it is directed to the citation, to the proposed penalty, or to both; failing to state this may render the notice defective. See the clear requirement in 1903.17(a).
No—the Area Director must immediately transmit the employer’s written notice of contest to the Occupational Safety and Health Review Commission, which handles adjudication under the Commission’s rules of procedure. This process is described in 1903.17(a).
Yes—employees or their representatives retain the right to file a notice alleging that an abatement period is unreasonable under 1903.17(b); the Area Director must transmit such notices to the Review Commission for resolution. Whether abatement is stayed depends on the adjudication and applicable policies such as OSHA’s contest policy. See 1903.17(b) and Policy on contesting citations | 2023-09-11.
If the employer does not file a written notice postmarked within the 15 working-day period required by 1903.17(a), the employer generally loses the right to have that citation or proposed penalty adjudicated by the Review Commission. To avoid this risk, send your notice with verifiable proof of mailing or delivery.
No—OSHA’s policy says that even when a citation is under contest, the agency can pursue enforcement actions it considers necessary and appropriate to protect workers, including seeking relief for imminent danger. See OSHA’s Policy on contesting citations | 2023-09-11 and 1903.17(a).
Yes—a representative of employees may file a written notice alleging the abatement period is unreasonable, and the Area Director must transmit that notice to the Review Commission. This is explicitly allowed by 1903.17(b).
Send a clear, written notice to the Area Director specifying whether you contest the citation, the proposed penalty, or both; include identification of the citation items and factual or legal grounds; and mail it so it is postmarked within 15 working days—keep certified mail receipts or other proof of timely mailing as evidence. The timing and content requirements are in 1903.17(a).
OSHA’s Enhanced Enforcement Policy states that follow-up inspections and targeted inspections at other establishments may occur for High Gravity Citation Cases; this policy can apply even when serious violations are involved and underscores that issues at one site can trigger broader agency attention. See the Enhanced Enforcement Policy memorandum at Enhanced Enforcement Policy | 2003-03-12 and 1903 for context.
Yes—employers should continue to take reasonable steps to protect workers even when they timely contest a citation, because OSHA may still take enforcement action if it determines conditions are unsafe or present an imminent danger. See 1903.17(a) and OSHA’s Policy on contesting citations | 2023-09-11.