What to do after receiving a federal OSHA citation

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

A federal OSHA Citation and Notification of Penalty starts several clocks at once. This guide walks through what the rules require and the options OSHA describes, in the order the dates arrive.

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.

1. Record the date it arrived

The contest period is 15 working days from the day the employer receives the notice (OSH Act § 10(a), 29 U.S.C. 659(a)). Posting and payment dates are counted from the same day. See how the 15 working days are counted, or use the free deadline calculator.

2. Post the citation

3. Read what each item says

A citation describes each alleged violation, names the standard or provision involved, and sets a date for abatement (OSH Act § 9(a), 29 U.S.C. 658(a)); the notification of penalty gives the proposed penalty for each item. OSHA classifies items as willful, serious, other-than-serious, repeated or failure to abate (OSHA 3000), and the classification drives the penalty: see how OSHA penalties are calculated and reduced. A citation is an allegation. It is not a finding that a violation occurred unless it goes uncontested or the Review Commission affirms it (29 CFR 1903.14(e)).

4. The options before the contest period ends

OSHA's employer booklet describes the choices: accept the citation, correct the hazards and pay; ask for an informal conference; or contest in writing. They can be combined, for example by holding a conference first or by contesting some items and accepting others (OSHA 3000).

Correct the hazards and pay

Ask for an informal conference

A conference with the Area Director can clarify the citation and can lead to an informal settlement agreement. It must happen inside the 15 working days and does not extend them (29 CFR 1903.20). See what an informal conference is and how to prepare.

Contest in writing

A written notice of contest sent to the Area Director within the period moves the case to the Occupational Safety and Health Review Commission, an independent agency, where an administrative law judge hears it. An employer may represent itself or use an attorney. A contest made in good faith suspends abatement and payment for the contested items until the case is decided; items that are not contested must still be corrected and paid (OSHA 3000).

The Commission also has Simplified Proceedings for cases without complex issues. Its rule says suitable cases generally have one or more of these characteristics: relatively few citation items, total proposed penalties of not more than $20,000, no willful or repeat allegation, no fatality, a hearing expected to take less than two days, or a small employer. Cases above $20,000 and up to $30,000 may be selected at the Chief Judge's discretion (29 CFR 2200.202).

5. If an abatement date cannot be met

An employer that has made a good-faith effort but cannot finish because of factors beyond its reasonable control may file a petition for modification of abatement date. The petition is in writing, goes to the Area Director who issued the citation, and is due no later than the close of the next working day after the original abatement date; a later petition must explain the exceptional circumstances. It states the steps already taken and their dates, the extra time needed and why, and the interim steps protecting employees. A copy must be posted for 10 working days, during which employees may object (29 CFR 1903.14a).

6. If abatement is missed

Failing to correct a violation by its abatement date can bring an additional penalty of up to $16,550 per day, the maximum for penalties proposed after January 15, 2025 (29 CFR 1903.15(d)(5)). OSHA policy normally limits the total to 30 times the daily amount (FOM Chapter 6), and OSHA may make a follow-up inspection to check that the citation was posted and the violations corrected (OSHA 3000).

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.

Analyze my citation Analyze my citation

Sources

Related guides