How long does an employer have to contest an OSHA citation?

“Any employer to whom a citation or notice of proposed penalty has been issued may, under section 10(a) of the Act, notify the Area Director in writing that he intends to contest such citation or proposed penalty before the Review Commission. Such notice of intention to contest shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty, or both.”

“If, within fifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretary that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under subsection (c) within such time, the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.”

• 29 CFR 1903.17, Employer and employee contests before the Review Commission One paragraph uses the term.
• 29 CFR 1903.15, Proposed penalties One paragraph uses the term.
• 29 U.S.C. 659, Enforcement procedures 3 paragraphs use the term.

• OSHA citation The written notice OSHA issues when it believes an employer has violated the OSH Act, a standard or a regulation.
• Abatement Action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard OSHA identified.
• Failure to abate Failing to correct a cited violation within the period permitted, which can be penalized for each day it continues.
• Serious violation A violation with a substantial probability that death or serious physical harm could result, unless the employer could not have known of it.

All terms in the OSHA glossary

1. 29 CFR 1903.17, Employer and employee contests before the Review Commission. eCFR, text as of October 27, 2026.
2. 29 U.S.C. 659, Enforcement procedures. U.S. Code, 2024 edition, current through January 6, 2025, from govinfo.gov.

Written by Cairn, updated October 29, 2026. The quoted text is copied from the sources above. A test compares each quotation with a stored copy of the source, and a separate script compares that copy with the live sources. This page explains the law and is not legal advice.