Get Osha Notice Of Contest Sample Letter

The OSHA Employer Rights & Responsibilities handbook states, “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.” In other words, if you receive a citation, you have about three calendar weeks to formally contest the issue.

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.

Although this section states that each employee shall comply with all rules, regulations and orders issued under the OSH Act, the Act does not permit the issuance of citations and penalties to employees. Section 9 of the Act, titled "Citations", provides for issuing citations only to employers.

Employers may appeal a citation and notification of penalty, notification of failure to abate, special order, or order to take special action.

The decision The administrative law judge will file a written decision usually within 35 days after the hearing ends. The decision will summarize the evidence received and relied upon, make findings of fact for all the issues involved in the appeal, and give the reasons or grounds for the decision.

Posting Requirements 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.

The OSHA Employer Rights & Responsibilities handbook states, “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.” In other words, if you receive a citation, you have about three calendar weeks to formally contest the issue.

The employer must respond within five days, identifying in writing any problems found and noting corrective actions taken or planned. If the response is adequate, OSHA generally will not conduct an inspection. The employee who filed the original complaint will receive a copy of the employer's response.