Procedural defenses are defined as the failure to follow specific procedure requirements set forth in the Act or regulation Under the OSH Act and the state plan statutes, an employer must file a written notice of contest with either the Secretary of Labor (if dealing with federal OSHA) or with the state plan Commissioner or Director of Labor (if dealing with state plan OSHA). Specifically, the time periods for filing the written notice of contest are:
It is critical for employers to realize that failure to file a written notice of contest or protest within the above-mentioned stated time periods is procedural and cannot be extended either by OSHA or the court system handling the appeal of the citations. Therefore, where an employer fails to meet these time periods either the Federal Review Commission or the state plans’ Occupational Health and Safety Review Boards will rule that no appeal...
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