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Settling citations — OSHA

Once an employer receives a citation, it must determine how to best deal with it. If the employer believes that a citation issued by either the federal or state plan OSHA is valid – that the violation actually did exist and there was employee exposure – then the use of the informal settlement conference generally would be appropriate. If an employer feels that OSHA has improperly cited it, then the employer might want to consider an appeal to the federal Occupational Safety and Health Review Commission or the state plan’s Review Board. An employer also might want to consider an appeal if it has an affirmative defense against the issuance of the citation. If an employer is unsure as to whether or not there was a violation or where the penalty amounts and the classifications make contesting the citations financially inadvisable, the employer may prefer an informal settlement conference in order to resolve the citation expeditiously and economically.

Informal settlements

Federal and state plan regulations for OSHA allow for informal settlement conferences to resolve citations issued to an employer. Under the federal and state plan regulations, either the employer, an affected...


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