Receiving a notification from the Occupational Safety and Health Administration (OSHA) can be a high-stakes moment for any business owner. Managing this event requires a professional, systematic, and timely response to minimize potential penalties and ensure compliance with federal safety regulations. A methodical approach, from initial notification through to final abatement, is necessary to navigate the complexities of the process. Understanding the procedural steps and legal rights involved is paramount for protecting your company’s interests and maintaining a safe working environment.
Understanding the Different Types of OSHA Actions
Responding effectively requires understanding the nature of the notification, distinguishing between an initial complaint and a formal citation. A “complaint” often initiates the process, alerting OSHA to potential workplace hazards or violations. These complaints can trigger an investigation conducted via mail, phone, or an on-site inspection.
Conversely, the formal “citation” is the result of an investigation and serves as the official notification of an alleged violation of a standard or the General Duty Clause. Inspections fall into categories like those prompted by complaints, programmed inspections targeting high-hazard industries, or unprogrammed inspections following a fatality.
Critical Initial Steps When Notified
Immediate action is necessary upon learning of an OSHA inspection or complaint to control the process and protect the company. First, verify the notification’s authenticity and immediately notify senior management and legal counsel to form a coordinated response.
An internal response team should be established, consisting of a designated management representative, safety personnel, and consultants. This team manages all interactions with the OSHA Compliance Safety and Health Officer (CSHO). Before the inspector arrives, the team must gather and preserve all relevant documentation, including safety programs, training logs, injury and illness records (OSHA 300 logs), and maintenance records. It is important to identify and train a single employer representative to manage the inspection, ensuring all communications are controlled and documented.
Managing the On-Site Inspection
The on-site inspection proceeds through three structured phases requiring careful management by the employer’s designated representative.
Opening Conference
The inspection begins with the Opening Conference, where the CSHO presents credentials, explains the reason for the visit, and outlines the scope of the inspection. The employer should carefully document and confirm this scope.
Walkaround
During the Walkaround phase, the CSHO tours relevant workplace sections to observe conditions and interview employees. The employer representative must accompany the inspector at all times, limiting the tour strictly to the scope established in the opening conference. The representative should take duplicate photographs, video, and measurements of any conditions the CSHO documents. All statements made by the representative must be factual, avoiding speculation or admissions.
Closing Conference
The inspection concludes with the Closing Conference. The CSHO discusses any apparent violations and the employer’s obligations, including the timeline for the Citation and Notification of Penalty. This is an opportunity to clarify misunderstandings, but the employer should continue to restrict statements to factual data.
Analyzing and Responding to the Citation
If the inspection results in violations, the employer will receive a formal Citation and Notification of Penalty (C&NP) detailing the allegations. The C&NP specifies the alleged violation classification, such as Serious, Willful or Repeated, or Other-Than-Serious. These classifications determine the severity of the proposed financial penalties.
The most time-sensitive element is the abatement deadline, the date by which the hazard must be corrected. Upon receipt, the employer must immediately post the citation at or near the location of the alleged violation to notify affected employees. The employer has a strict 15-working-day window from receipt of the C&NP to notify the OSHA Area Director in writing of the intent to contest the citation or proposed penalty. Failure to file this Notice of Contest within the deadline causes the citation to become a final, non-reviewable order.
Ensuring Proper Abatement
Correcting the identified hazards is a distinct and necessary step separate from contesting the citation. Abatement means taking action to comply with the cited standard or eliminating the recognized hazard. If the abatement period exceeds 90 calendar days, the employer may be required to develop a written abatement plan detailing the steps and schedule for correction.
Within 10 calendar days after the abatement date, the employer must submit an Abatement Certification to OSHA for each cited violation. This certification must include the date and method of abatement and confirm that affected employees have been informed of the corrective actions. If the hazard cannot be corrected by the established deadline despite a good faith effort, the employer must file a Petition for Modification of Abatement (PMA) with the OSHA Area Director no later than the close of the next working day following the original abatement date.
Options for Review and Appeal
If the employer disagrees with the findings, penalties, or abatement deadline, two primary avenues for review and appeal exist. Both must be initiated within the 15-working-day deadline established upon receipt of the citation.
Informal Conference
The employer may first request an Informal Conference with the OSHA Area Director to discuss the citation. This meeting provides an opportunity to negotiate the scope of the violation, propose a reduced penalty, or request an extension of the abatement date. This process can potentially lead to a formal settlement agreement.
Notice of Contest (NOC)
Alternatively, or if the Informal Conference is unsuccessful, the employer may file a Notice of Contest (NOC) with the OSHA Area Director, which initiates a formal appeal process. The NOC must clearly specify whether it is contesting the violation itself, the proposed penalty, the abatement date, or a combination of these elements. Filing an NOC transmits the case to the independent Occupational Safety and Health Review Commission (OSHRC) for administrative litigation.