When an ADOSH citation arrives, post a copy near the cited area, note the abatement dates and calendar the contest deadline that starts on receipt. Then review each item, decide whether to request an informal conference, and start fixing hazards and collecting proof. Missing the contest deadline makes the citation final.
A citation is stressful, but the first day is about a few clear actions, not panic. Work through the steps below in order. If you want a second set of eyes, send us the citation and we will map the deadlines with you the same day.
Step 1: Post the citation
ADOSH requires you to post a copy of each citation at or near the place the alleged violation occurred, so employees can see it. Keep it posted until the violation is corrected, or for three working days, whichever is longer. Posting is required under 29 CFR 1903.16.
Step 2: Calendar your deadlines
A citation carries two kinds of dates: the abatement date by which each hazard must be corrected, and the deadline to contest. The contest clock starts when you receive the citation, and if you miss it the citation and penalties become final and are not subject to review. Calendar every date the day the citation arrives.
Step 3: Review each item and classification
Read every item. Note what standard is cited, how the violation is classified (for example other-than-serious, serious, willful or repeat), the proposed penalty and the abatement date. Decide which items you agree with and which you may dispute. This review drives every later decision.
Step 4: Start abatement and keep evidence
Begin correcting the hazards right away, even on items you may contest, and document everything: photos, receipts, work orders, training records and dated notes. ADOSH can require you to certify that abatement is complete, and for some items to provide documentation or post a sign; abatement handling is set out in 29 CFR 1903.19. Good evidence protects you later.
Step 5: Decide on an informal conference
You can request an informal conference with the ADOSH area director to discuss the citation, the penalty and the abatement dates, and sometimes to reach a settlement. An informal conference does not extend the contest deadline on its own, so calendar the contest date first.
Step 6: Contest if needed (with counsel)
If you disagree with an item, a classification, a penalty or an abatement date, you can file a notice of contest within the deadline. This is a formal step with strict timing, so involve counsel before you file. See how to contest an ADOSH citation for the process, and read about the ADOSH informal conference and abatement certification.
Download the citation response checklist
Want the steps above on one page? Download the ADOSH citation response checklist. The form routes to our team and we reply within one business day. For hands-on help, see ADOSH citation response help.
FAQs
How many days do I have to contest?
The citation states the deadline, and it starts when you receive the citation. Because the timing is strict and getting it wrong makes the citation final, confirm the exact count with counsel before you rely on it.
What if the citation is wrong?
You can dispute an item, its classification, the penalty or the abatement date. Review each item, gather evidence, and use the informal conference or a notice of contest. See the contest page for the process.
Does fixing the hazard close the citation?
Correcting the hazard is required, but you usually also have to certify abatement, and for some items provide documentation. Fixing the hazard does not, by itself, remove the citation or the penalty.
Since 1993, ETC consultants have helped Arizona employers respond to citations.
Send us the citation today. We will map every deadline with you.
Link: https://e-t-c.com/consulting/adosh-citation-response/
Call: (602) 923-9673
Send us the citation today. We will map every deadline with you.
Call (602) 923-9673