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OSH ACT AND OSHA STANDARDS |
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Appeals Process |
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| If the employer decides to contest a citation, abatement time, or the
proposed penalty, he or she has 15 working days from the time the citation and proposed
penalty are received in which to notify the OSHA area
director in writing through a "Notice of Contest." An oral disagreement
won’t suffice. Note: The Executive Branch handles appeals for Federal agencies. There is no specific format for the Notice of Contest. However, it must clearly identify the employer's basis for filing the citation, notice of proposed penalty, abatement period, or notification of failure to correct violations. A copy of the Notice must be given to the employees' authorized representative. If any affected employees do not have representation by a recognized bargaining agent, a copy of the notice must be posted in a prominent workplace location, or served personally upon each unrepresented employee. If the written Notice of Contest has been filed appropriately, the OSHA area director forwards the case to the Occupational Safety and Health Review Commission (OSHRC) for the review procedure. |
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