Failure to correct violations

OSHA notifies the employer of the failure and proposes an additional penalty, after consulting the Regional Solicitor if appropriate. See 1903.18(a) and the related provision for the proposed added penalty in 1903.15(d)(5).

• The Area Director will, if appropriate, consult with the Regional Solicitor and then notify the employer by certified mail or by personal service by a Compliance Safety and Health Officer (CSHO).
• The notification will include both the finding of failure to correct and the additional penalty OSHA proposes to assess under 1903.15(d)(5).

The correction period does not begin until the Review Commission issues a final order when the employer has initiated review proceedings in good faith. See 1903.18(a).

• That means if the employer properly files for review (not solely to delay), the clock for the required abatement period is suspended until the Commission’s final decision.

An employer can contest the notification by sending a written notice to the Area Director stating the employer intends to contest the notification or proposed additional penalty, and the notice must be postmarked within 15 working days of the employer’s receipt of the notification. See 1903.18(b).

• The Area Director will immediately transmit that notice to the Occupational Safety and Health Review Commission under the Commission’s rules of procedure.

Each notification must state that it will be deemed the final order of the Review Commission and not subject to court or agency review unless the employer notifies the Area Director in writing within 15 working days that it intends to contest the notification or proposed additional penalty. See 1903.18(c).

• This provision makes timely filing important: if the employer does not file within 15 working days, the notification becomes final and generally cannot be reviewed by a court or other agency.

OSHA proposes an additional penalty for failure to correct a violation under the formula and authority set out in 1903.15(d)(5).

• The additional penalty is proposed by the Area Director when the employer did not correct the cited condition within the permitted correction period, and it is included in the notification described in 1903.18(a).

Yes—filing a proper notice of contest suspends the obligation to abate the specific cited conditions and to pay penalties until the matter is adjudicated or settled, as explained in OSHA’s policy. See the OSHA interpretation Policy on contesting citations (Sept. 11, 2023) and 1903.18(a).

• The 2023 interpretation makes clear that when a notice of contest is properly filed, abatement and penalty payment for those contested items are generally suspended until final adjudication or settlement.

OSHA generally will not issue another citation for the exact same condition, equipment, and location while that citation is under contest, but it reserves the right to take other enforcement actions when necessary to protect workers. See Policy on contesting citations (Sept. 11, 2023) and 1903.18(a).

• OSHA may still act if a condition poses an imminent danger or other circumstances require action; the 2023 interpretation explains OSHA’s general practice and its reservation of enforcement authority.

The employer must notify the Area Director in writing of its intent to contest the notification or proposed additional penalty within 15 working days of receipt (the contest notice must be postmarked within that period). See 1903.18(b) and 1903.18(c).

• The rule uses the term “working days”; employers should treat that as the calendar days used by OSHA for administrative deadlines and ensure the notice is postmarked within 15 working days from the date they received the notification.

The Area Director immediately transmits the employer’s notice of intent to contest to the Occupational Safety and Health Review Commission in accordance with the Commission’s rules of procedure. See 1903.18(b).

• Transmission to the Review Commission initiates the Commission’s adjudicative process for the contested notification or proposed additional penalty.

A Compliance Safety and Health Officer (CSHO) may personally serve the notification of failure to correct a violation, or OSHA may send it by certified mail. See 1903.18(a).

• Employers should therefore accept certified mail or personal service from an OSHA CSHO as official notification.

No—the notification is deemed the final order of the Review Commission and not subject to court or agency review unless the employer notifies the Area Director in writing within 15 working days that it intends to contest before the Review Commission. See 1903.18(c).

• The practical consequence is that employers must use the Review Commission contest process to preserve judicial review rights.

An employer may contest the notification that it failed to correct a violation and/or the proposed additional penalty assessed for that failure. See 1903.18(b).

• The rule permits contesting either the factual finding (failure to correct) or the monetary penalty (or both).

The Area Director shall consult with the Regional Solicitor if appropriate before issuing a notification of failure to correct and proposing an additional penalty. See 1903.18(a).

• "If appropriate" gives the Area Director discretion to involve legal counsel when legal or procedural complexities make such consultation necessary.

Yes—the employer may notify the Area Director in writing that it intends to contest the notification or the proposed additional penalty (or both) within 15 working days. See 1903.18(b).

• The rule allows contesting the penalty amount independently of contesting the failure finding.

OSHA normally ceases investigatory activities in cases where a notice of contest is properly filed and will obtain concurrence of the Regional Solicitor before taking further action in contested matters. See Policy on contesting citations (Sept. 11, 2023) and 1903.18(a).

• That policy explains OSHA’s practice to pause additional investigations into the same condition while a contested case proceeds, subject to exceptions for imminent danger or where legal concurrence supports further action.

The employer should send a written notice to the Area Director stating it intends to contest the notification or proposed additional penalty, and ensure the notice is postmarked within 15 working days of receipt. See 1903.18(b).

• Practical tips: include citation number(s), date of receipt, a clear statement of intent to contest, and contact information; send by a trackable method and keep proof of mailing because 1903.18(c) makes timeliness critical.

OSHA’s Enhanced Enforcement Policy explains that follow-up inspections and other enforcement steps may be used against employers with serious citation histories, including cases involving failure-to-abate or failure-to-correct. See the Enhanced Enforcement Policy memorandum (March 12, 2003) referenced in OSHA materials and 1903.18(a).

• For high-gravity cases or employers deemed recalcitrant, OSHA may conduct follow-up on-site inspections to verify abatement even where failure-to-correct procedures have been used.

OSHA will notify the employer either by certified mail or by personal service through a Compliance Safety and Health Officer (CSHO). See 1903.18(a).

• Employers should regularly monitor certified mail and be prepared to accept personal service from OSHA CSHOs so they do not lose the opportunity to timely contest.