Receiving an OSHA Citation and Notification of Penalty following a workplace inspection demands immediate attention and a structured response. This triggers a time-sensitive legal and procedural clock for the employer. A correct and timely response is paramount because failure to adhere to strict legal deadlines can result in the loss of rights to dispute the findings or penalties, making the citation a final, binding order.
Understanding the Citation and Notification of Penalty
The Citation and Notification of Penalty (CNP) details the alleged violations of the Occupational Safety and Health Act of 1970. Employers must immediately locate information regarding the scope of the issue, including the specific standard allegedly violated and a factual description of the hazardous condition observed by the compliance officer.
The CNP classifies the violation, which directly impacts the proposed penalty amount. Violations are categorized as Serious, Other-Than-Serious, Willful, or Repeat, each carrying a different severity level and financial implication. The document states the proposed monetary penalty for each item and includes the specific date by which each alleged violation must be corrected, known as the abatement date.
Immediate Employer Obligations Upon Receipt
Upon receiving the Citation and Notification of Penalty, the employer is legally required to immediately inform employees. The law mandates posting the unedited citation, or a copy of it, at or near the location where each alleged violation occurred.
The citation must remain posted for three working days or until the violation is corrected, whichever period is longer. If posting at the exact location is impracticable due to the nature of operations, the citation must be posted in a prominent place where all affected employees can easily observe it. Failure to comply with this posting requirement is a separate violation that can result in an additional penalty.
Analyzing the Violation and Determining Abatement
The process of abatement involves the technical and practical steps necessary to correct the cited safety hazard by the specified deadline. The required speed and cost are determined by the violation’s classification. A Serious violation exists when the hazard could cause death or serious physical harm and the employer knew or should have known about it, generally requiring an immediate and substantive fix. An Other-Than-Serious violation relates to safety but would likely not result in death or serious physical harm, making the required abatement less urgent.
Willful violations involve an intentional disregard for the law or plain indifference to employee safety. Repeat violations involve a substantially similar hazard to a previous finalized citation. Both carry the highest penalties and demand comprehensive abatement planning.
The employer must certify in writing to the OSHA Area Director that each violation has been corrected by the abatement date, typically within 10 calendar days after that date. If the employer cannot meet the deadline despite a good-faith effort, they must file a written Petition for Modification of Abatement (PMA) with the Area Director no later than the close of the next working day after the original abatement date. The PMA must detail the steps taken, the additional time needed, the reasons for the delay, and any interim measures put in place to protect employees.
The Employer’s Options for Response
Employers face a deadline of 15 working days from receipt of the CNP to decide on a formal course of action. This period excludes weekends and federal holidays and is not subject to modification by OSHA. The employer has two main formal options: accepting the citation or initiating a contest.
The first option is to accept the citation, correct the condition by the abatement date, and pay the proposed penalty within the 15-working-day window. The second option is to file a written Notice of Intent to Contest (NOIC) with the Area Director. This notice must clearly state which parts of the citation are being contested—the citation, the proposed penalty, the abatement date, or any combination. Filing a timely NOIC initiates a formal litigation process by transferring the case to the independent Occupational Safety and Health Review Commission (OSHRC) for review by an Administrative Law Judge.
Navigating the Informal Conference and Settlement Process
Before filing a formal contest, an employer can request an informal conference with the OSHA Area Director. This meeting must be requested within the 15-working-day period, though the conference itself does not extend the deadline for filing a formal contest. The informal conference allows the employer to discuss the alleged violations, clarify misunderstandings, and present evidence that might support adjustments to the citation.
The Area Director has the authority to negotiate and agree to an Informal Settlement Agreement (ISA) that modifies the citation terms. This modification may involve reducing the proposed penalty, reclassifying the violation, or extending the abatement date. Reaching a settlement closes the case without the need for formal litigation before the OSHRC, offering a more immediate and less resource-intensive resolution than a full contest.
Consequences of Non-Response or Failure to Abate
Ignoring the Citation and Notification of Penalty or missing the 15-working-day deadline results in serious consequences for the employer. If no timely Notice of Intent to Contest is filed, the citation and proposed penalties automatically become a final order of the Occupational Safety and Health Review Commission. This final order is not subject to review by any court or agency, and the employer loses all legal rights to dispute the findings or penalties.
A separate penalty is levied for Failure to Abate a prior violation by the established date. This penalty accrues daily for every day the violation remains uncorrected beyond the abatement date, with monetary amounts that can be substantial. Furthermore, if a new inspection reveals a substantially similar hazard to a previous citation that has already become a final order, the new violation can be classified as a Repeat violation. The penalties for a Repeat classification are significantly higher than the original fine.
Implementing Strategies to Prevent Future Citations
After successfully resolving a citation, the focus must shift to implementing comprehensive strategies that prevent the recurrence of safety violations. A reactive fix to a single hazard is not sufficient; a systematic approach to workplace safety is necessary to sustain compliance. Employers should establish a comprehensive Safety and Health Program that details protocols for hazard identification, control, and employee training.
Conducting regular, documented internal safety audits and risk assessments is a proactive measure that helps identify potential hazards before they are noticed by an OSHA inspector. Ensuring all employees receive comprehensive training tailored to their specific roles and the associated risks is also necessary, as many violations stem from a lack of awareness or proper procedure.
Proactive management involvement that fosters a culture of safety and encourages employees to report concerns without fear of retaliation creates a continuous improvement loop, which is the most effective long-term strategy for maintaining a safe workplace and avoiding future citations.