OSHA informal conference: what it is and how to prepare

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

An informal conference is a meeting with the OSHA Area Director to discuss a citation before deciding whether to contest it. It is optional, it takes place inside the 15-working-day contest period, and it does not extend that period.

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.

What an informal conference is

At the request of an affected employer, employee or employee representative, OSHA may hold an informal conference to discuss any issue raised by an inspection, citation, proposed penalty or notice of intention to contest (29 CFR 1903.20). OSHA's employer booklet lists what it can be used for: a fuller explanation of the violations and of the standards that apply, ways to correct the violations, the proposed penalties and abatement dates, and negotiating an informal settlement agreement that resolves disputed items without a hearing (OSHA 3000).

It does not stop the contest clock

The regulation says that neither a conference nor a request for one stays the 15-working-day period for filing a notice of contest (29 CFR 1903.20). The conference must be held within that period, and it does not take the place of a written notice of contest (OSHA 3000). If a conference ends without a written settlement agreement and no notice of contest is filed by the deadline, every item must be abated and every penalty paid (OSHRC guide). See how the 15 working days are counted.

The order matters. Where an employer's letter both asks for an informal conference and states an intent to contest, OSHA's manual has the Area Office tell the employer there can be no informal conference unless the notice of contest is withdrawn. Once a notice of contest is filed, the manual requires clearance from the Solicitor's office before any conference with the employer about the contested items (FOM Chapter 15). After a contest, settlement is negotiated with the attorney handling the case for OSHA (OSHA 3000).

Requesting one and who takes part

OSHA encourages employers to call the Area Office when the citation arrives. A conference can be held by any practical means (OSHA 3000).
Employee representatives have the right to take part, and OSHA may hold separate conferences if a party objects to the other attending (OSHA 3000).
The citation package includes a form giving the date, time and place of the conference. The Area Director asks whether it has been posted and can postpone the conference if it has not (FOM Chapter 7).
Any party may be represented by counsel (29 CFR 1903.20).

What the Area Director can do

Before a contest is filed, the Area Director can amend abatement dates, reclassify violations, and modify or withdraw a penalty, a citation or a citation item where evidence presented at the conference shows the change is justified, and can negotiate the proposed penalties (FOM Chapter 8). OSHA's guidance ties a reduction or reclassification to two things: the employer has, or is improving, a safety and health program, and the cited hazards are corrected or the employer has committed to correct them by the abatement dates (FOM Chapter 8).

There are limits. OSHA staff do not give opinions on the legal merits of the employer's case at the conference (FOM Chapter 7). A settlement offer made there is no longer available from the Area Office once the employer contests, and the Area Director uses professional judgment in weighing any proposal (FOM Chapter 8). No outcome is assured.

How to prepare

Preparation is mostly gathering the records that bear on the factors OSHA weighs.

Documents to bring

The citation, marked with the date it was received and the last day to contest.
Evidence of abatement for each item. OSHA's rule names purchase or repair records, photographs or video, and other written records (29 CFR 1903.19(d)); for items not corrected during the inspection, the Area Director asks for the signed abatement certification (FOM Chapter 8).
Safety and health program records, such as the written program, minutes of safety meetings and training records (FOM Chapter 6).
The employee count OSHA uses for size: the largest number of employees at all workplaces nationwide, including in State Plan states, at any one time in the previous 12 months (FOM Chapter 6).
Inspection history for the previous five years, federal and State Plan (FOM Chapter 6).

Questions to discuss

How the classification, severity and probability of each item were assessed.
Which adjustments for size, good faith and history were applied, and which were withheld.
Whether an abatement date can be changed where more time is needed.
Whether a payment plan is available (FOM Chapter 6).

The factors behind those questions are explained in how OSHA penalties are calculated and reduced.

If an agreement is reached

An informal settlement agreement is written. It takes effect when both the employer and the Area Director have signed it, provided the contest period has not expired; if OSHA has not received the signed agreement within the 15 working days, the citation is treated as a final order. By signing, the employer gives up the right to contest the citation, and the agreement's terms become part of the abatement the citation requires (FOM Chapter 8). Changes to the citation that result from the conference must be posted like the citation itself (FOM Chapter 8).

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 willful violation that causes an employee's death can be prosecuted as a crime (OSH Act § 17(e)).

See the sample conference agenda Analyze my citation

Sources

Related guides

The federal OSHA contest deadline: 15 working days. What starts the 15 working days, how they are counted, and what happens if they run out.
What to do after receiving a federal OSHA citation. Posting, the options before the deadline, abatement certification and extension petitions.
How OSHA penalties are calculated and reduced. Gravity-based penalties, the size, good-faith and history adjustments, and current maximums.