To contest an ADOSH citation you file a written notice of contest within the deadline stated on the citation, identifying the items, classifications, penalties or abatement dates you dispute. Contested items then move to the Industrial Commission’s review process. Uncontested items become final. Involve counsel before filing.
This page explains the contest route in general terms. It is not legal advice. Because the deadlines are strict and a missed date makes a citation final, talk to counsel, and if you want help preparing the response, call us before the deadline. Start from got an ADOSH citation if you have not worked through the first steps yet.
What you can contest
You can contest one or more parts of a citation: the alleged violation itself, how it is classified, the proposed penalty, or the abatement date. You do not have to contest everything. Anything you do not contest within the deadline becomes final.
The notice of contest: what it must say
A contest is started by a written notice of contest that identifies what you are disputing. Keep it clear and specific about the items and the grounds. Because the exact filing content and form carry legal weight, prepare it with counsel.
Deadline and how it is counted
The deadline is stated on the citation and runs from when you receive it. How the days are counted, and whether any step pauses the clock, is a legal question you should not guess at.
What happens after you contest
Once you file, the contested items move into the Industrial Commission of Arizona’s review process, where the dispute is heard and decided. Uncontested items proceed to final as usual. The process has its own steps and timelines.
Informal conference first?
Before filing a formal contest, many employers ask for an informal conference with the ADOSH area director to discuss the citation and possibly settle. It can resolve concerns without a contest, but it does not replace the contest deadline, so protect that date. See the ADOSH informal conference.
Abatement while contesting
Contesting can affect abatement timing for the items in dispute, but you should not assume hazards can simply wait. Keep correcting hazards and documenting your work, and confirm with counsel how abatement obligations apply to contested items.
FAQs
Can I contest only the penalty?
Yes. You can contest the penalty alone, or the classification, the abatement date or the violation. Contest only what you dispute, and be specific.
Do I need a lawyer to contest?
A contest is a legal proceeding with strict deadlines, so counsel is strongly recommended. ETC works alongside your counsel on the safety and compliance side; we do not give legal advice.
Does contesting stop abatement dates?
It can affect the timing for contested items, but do not assume a hazard can wait. Keep abating and confirm with counsel how the dates apply to your contested items.
Get help preparing
ETC coordinates with employers’ counsel on citation responses and helps you build the compliance record behind a contest.
Talk to us before the deadline passes. Call (602) 923-9673.
Link: https://e-t-c.com/consulting/adosh-citation-response/
Call: (602) 923-9673
Talk to us before the deadline passes. Call (602) 923-9673.
Talk to us before the deadline
Call (602) 923-9673