How to Contest OSHA Citations

If your company has had an OSHA inspection and it resulted in one or more citations for unsafe conditions or other compliance violations and you believe the citation is unfounded there are steps to take to contest a citation.

Instructions

Contesting an OSHA Citation

• 1

  Review the citation with the inspector. Ask questions, if necessary, to understand the citation fully. If several citations are issued the same day, have management and other area supervisors present. Be sure everyone who manages or supervises a cited area or piece of equipment understands the citation.

• 2

  Call on the company's safety professiona, or find a safety professional that will help you through the citation-contesting process. Companies should have a person-in-charge at all job sites and in each separate work area. Trained supervisors and/or employers can fill this need. However, if management feels the citation was cited in error, a safety professional can help determine whether the citation can effectively be contested. Your local safety council can help find a safety professional if you do not have one on staff.

• 3

  Gather all supporting documents, photos or witness statements supporting the claim that the citation is unwarranted. If your records show the company was cited for not having correct records, then these documents will help prove the citation wrong. If a work area is cited for a rule you are sure has been followed, take dated photos to show the area is not in the condition that warranted the citation. If a supervisor was cited for failure to have workers using proper procedures or safety equipment, take written statements from each worker who was present during the inspection.

• 4

  Prepare for a hearing, if one is granted upon the basis of the written citation contest.

  Make sure all your supporting documents answer the citation contents as well as possible.