The federal OSHA contest deadline: 15 working days

Federal OSHA only. Informational, not legal advice. Last reviewed: October 4, 2026

A federal OSHA citation becomes final unless the employer contests it in writing within 15 working days of receiving it. This guide explains what starts the clock, how the days are counted, and what happens when the deadline passes.

This guide is general information about federal OSHA procedure. It is not legal advice. CitationPack is not a law firm and is not affiliated with OSHA.

The rule

The OSH Act gives an employer fifteen working days from receipt of OSHA's notice to tell OSHA that it wishes to contest the citation or the proposed penalty (OSH Act § 10(a), 29 U.S.C. 659(a)). OSHA's regulation requires the notice of intention to contest to be in writing, sent to the Area Director, and postmarked within 15 working days of receipt, and to say whether it is directed to the citation, the proposed penalty, or both (29 CFR 1903.17(a)). OSHA's employer booklet adds that the abatement date can be contested as well (OSHA 3000).

What starts the clock

The period runs from the day the employer receives the Citation and Notification of Penalty, not from the day OSHA issued or mailed it (29 CFR 1903.17(a)). OSHA sends the notice by certified mail or has the compliance officer deliver it in person (29 CFR 1903.15(a)). Every date in this guide is counted from that receipt date, which makes the delivery record the document the other dates depend on.

How the 15 working days are counted

Working days are Mondays through Fridays, leaving out Saturdays, Sundays and federal holidays. The day of receipt is not counted, and the last of the 15 working days is (29 CFR 1903.22(c)). The federal holidays are listed in 5 U.S.C. 6103.

  1. Start with the first weekday after the day the citation arrived.
  2. Count each weekday, skipping Saturdays, Sundays and federal holidays.
  3. The fifteenth day counted is the last day to contest.

Example: a citation received on Monday, August 4, with no federal holiday in the next three weeks, has its fifteenth working day on Monday, August 25. OSHA's Field Operations Manual works the same example (FOM Chapter 15, Example 15-1).

Holidays move the date. A citation received on Monday, November 9, 2026 skips Veterans Day (Wednesday, November 11) and Thanksgiving Day (Thursday, November 26), so its fifteenth working day is Wednesday, December 2, 2026.

CitationPack's free deadline calculator does this count from a receipt date. Confirm any calculated date against the citation and OSHA's correspondence.

What a timely contest looks like

What does not extend the deadline

Asking for or holding an informal conference does not pause the 15 working days (29 CFR 1903.20), and OSHA's manual states that OSHA has no authority to modify the contest period (FOM Chapter 7). An informal settlement agreement has to be signed inside the period too: if OSHA does not have the signed agreement by then, the citation is treated as a final order (FOM Chapter 8). See what an informal conference is and how to prepare.

If the deadline is missed

Without a timely notice of contest, the citation and the proposed penalty become a final order of the Review Commission that no court or agency can review (OSH Act § 10(a)). After that the Area Director can still advise on abatement methods or extend the time to abate, but cannot change the citation or the penalty (OSHA 3000). OSHA does not accept a late notice of contest and refers the employer to the Commission (FOM Chapter 15).

The Commission's rules say that, under extraordinary circumstances, a cited employer may ask for relief from the final order under Federal Rule of Civil Procedure 60 by promptly filing a request with the Commission's Executive Secretary (29 CFR 2200.33, Note 1). The Commission's own guide says an employer who files late is not usually entitled to have the dispute resolved by the Commission (OSHRC guide). This is a situation to take to qualified counsel without delay; the rule itself says the request must be prompt.

Other dates counted from receipt

For the full sequence, see what to do after receiving a federal OSHA citation.

State Plan citations follow different rules

Everything here is the federal procedure. OSHA lists 22 State Plans that cover private-sector employers (OSHA State Plans), and says State Plans have their own penalty reduction policies and procedures and their own system for review and appeal of citations, penalties and abatement periods (State Plan FAQ). If a state agency issued the citation, follow that agency's instructions rather than this guide. CitationPack does not support State Plan citations.

When to involve counsel

How to respond to a citation can affect legal rights. Willful or repeat citations, fatality or catastrophe inspections, large penalties, and any matter that is contested or may be litigated are ones to review with qualified counsel. A party may appear before the Commission with or without an attorney, and the Commission's guide says parties should consider carefully whether to hire one (OSHRC guide).

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