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OSH ACT AND OSHA STANDARDS |
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Appeals Process |
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| Employers and employees have the right to appeal; however, what they may
appeal differs. If an inspection was initiated due to an employee complaint, the employee or authorized employee representative may request an informal review of any decision not to issue a citation. Employees may not contest citations, amendments to citations, penalties, or lack of penalties. They may contest the time identified in the citation for abatement of a hazardous condition. They also may contest an employer's request for an extension of the abatement period, known as a Petition for Modification of Abatement (PMA), within 10 working days of the PMA posting or within 10 working days after an authorized employee representative has received a copy. The employee may submit a written objection to OSHA within 15 working days of the employer's receipt of the citation. The OSHA area director forwards it to the Occupational Safety and Health Review Commission, which is independent of OSHA. Federal program appeals or objections are processed by the Executive Branch. Employees may request an informal conference with OSHA to discuss issues raised by an inspection, citation, notice of proposed penalty, or employer's notice of intention to contest. |
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