OSH ACT AND OSHA STANDARDS

Appeals Process

When issued a citation or notice of a proposed penalty, an employer may request an informal meeting with OSHA's area director to discuss the case. Employee representatives may be invited to attend the meeting. The area director is authorized to enter into settlement agreements that revise citations and penalties to avoid prolonged legal disputes.

Upon receiving a citation, the employer must correct the cited hazard by the prescribed date unless he or she contests the citation or abatement date in the form of a petition. The written petition should specify:

All steps taken to achieve compliance

The additional time to achieve complete compliance

The reasons such additional time is needed

All temporary steps being taken to safeguard employees against the cited hazard during the intervening period

That a copy of the PMA was posted in a conspicuous place at or near each place where a violation occurred

The employee representative (if there is one) received a copy of the petition.

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