Informal conference procedures

Yes — an affected employer, an affected employee, or a representative of employees may request an informal conference. The regulation states that “[a]t the request of an affected employer, employee, or representative of employees, the Assistant Regional Director may hold an informal conference” to discuss issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest; see 1903.20.

No — the Assistant Regional Director has discretion to hold the conference. The rule says the Assistant Regional Director "may hold an informal conference" at the request of an affected party, which means the decision to conduct the conference is discretionary; see 1903.20.

No — affected employees or their representatives are not automatically entitled to attend; their participation is at the Assistant Regional Director’s discretion. The regulation provides that "If the conference is requested by the employer, an affected employee or his representative shall be afforded an opportunity to participate, at the discretion of the Assistant Regional Director"; see 1903.20.

No — the employer’s participation is discretionary when the employee or their representative requests the conference. The rule states "If the conference is requested by an employee or representative of employees, the employer shall be afforded an opportunity to participate, at the discretion of the Assistant Regional Director"; see 1903.20.

Yes — any party may be represented by counsel at an informal conference. The regulation explicitly says that "Any party may be represented by counsel at such conference"; see 1903.20.

The purpose is to discuss issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. Section 1903.20 says the Assistant Regional Director may hold an informal conference "for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest"; see 1903.20.

No — requesting or holding an informal conference does not stay the 15-working-day contest filing deadline. Section 1903.20 states explicitly that "No such conference or request for such conference shall operate as a stay of any 15-working-day period for filing a notice of intention to contest as prescribed in 1903.17." See both 1903.20 and 1903.17 for the contest filing requirement.

Yes — any settlement reached at an informal conference is subject to the rules of procedure prescribed by the Occupational Safety and Health Review Commission. Section 1903.20 states that "The settlement of any issue at such conference shall be subject to the rules of procedure prescribed by the Review Commission"; see 1903.20.

No — an informal conference by itself does not suspend abatement obligations or penalty payments; suspension of abatement and payment typically occurs when a notice of contest is properly filed, not merely when a conference is requested. Section 1903.20 states a conference or its request does not operate as a stay of the 15-working-day contest period, and OSHA’s 2023 Letter of Interpretation explains that when a notice of contest is properly filed the obligation for abatement and payment for those contested items is suspended until adjudication or settlement; see 1903.20 and the Policy on contesting citations (Sept. 11, 2023).

Generally no — OSHA normally will not issue an additional citation for the exact same condition, equipment, and location that is already under contest, but OSHA reserves the right to take enforcement actions, including issuing citations for imminent dangers or other appropriate actions. OSHA’s 2023 Letter of Interpretation summarizes that OSHA "generally does not issue an additional citation for the exact same condition...under contest" while also noting the Agency can act to protect workers when necessary; see the Policy on contesting citations (Sept. 11, 2023) and 1903.20.

No — 1903.20 does not set a specific deadline for requesting an informal conference. The regulation permits an affected employer, employee, or their representative to request a conference but does not establish a numerical time limit for making that request; see 1903.20. Note, however, that the 15-working-day filing deadline for a notice of intention to contest under 1903.17 still applies and is not stayed by requesting a conference.

Yes — an informal conference can address any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest, and parties can reach settlement subject to the Review Commission’s procedural rules. Section 1903.20 says the conference may be held "for the purpose of discussing any issues raised" by those actions, and settlements are governed by the Review Commission’s rules; see 1903.20.

Not necessarily — settlements reached at an informal conference are subject to the procedural rules of the Occupational Safety and Health Review Commission, and any binding effect depends on compliance with those rules and any further review or approval required by the Commission; see 1903.20.

Yes — an affected employee or a representative of employees may request an informal conference. The regulation explicitly lists an affected employee and a representative of employees as parties who may request the conference; see 1903.20.

If the employer properly files a notice of contest, the obligation for abatement of the specifically contested condition(s) and payment of penalties for those contested items is typically suspended until the matter is adjudicated or settled; OSHA’s 2023 Letter of Interpretation explains this policy. See 1903.20 (which makes clear a conference does not stay the contest filing period) and the Policy on contesting citations (Sept. 11, 2023) for OSHA’s practice regarding obligations after a contest is filed.