Got an OSHA Citation? Here's Exactly What to Do Next

Don't Panic — But Don't Ignore It

Receiving an OSHA citation is stressful, but it's not the end of the world. Thousands of construction companies receive citations every year, and how you respond matters more than the citation itself. A professional, proactive response can significantly reduce your penalties and — more importantly — improve your safety program to prevent future issues.

You have 15 working days from receipt of the citation to respond. Miss this deadline, and the citation becomes a final order — not contestable, not negotiable. This is the most critical timeline you need to know.

Types of OSHA Violations

Understanding what type of violation you received determines your response strategy:

Step 1: Read the Citation Carefully

The citation document includes critical information:

• The specific standard(s) allegedly violated (CFR reference)
• A description of the alleged violation
• The proposed penalty amount
• The required abatement date
• Your response options and deadlines

Post the citation (or a copy) at or near the location of each alleged violation for 3 working days or until the violation is corrected, whichever is longer. This is an OSHA requirement — failure to post can result in additional citations.

Step 2: Request an Informal Conference

This is the single most important step most employers can take. An informal conference is a meeting with the OSHA Area Director to discuss your citation before the 15-day contest period expires. During this conference, you can:

• Present evidence that the violation didn't occur as described
• Negotiate penalty reductions — OSHA regularly reduces penalties by 30-50% or more during informal conferences
• Discuss abatement methods and request extended abatement dates
• Resolve contested items without going through the formal hearing process

Step 3: Correct the Violations (Abatement)

Regardless of whether you contest the citation, you should begin correcting the violations immediately. OSHA requires abatement certification — documented proof that each violation has been corrected. Your abatement documentation should include:

• A description of the corrective action taken for each citation item
• Photographs showing the corrected condition
• Date the correction was completed
• Supporting documents (new procedures, training records, equipment purchases)

Step 4: Build a Stronger Safety Program

A citation should be a turning point, not just a penalty to pay. Use it as motivation to strengthen your overall safety program:

Review and Update Written Programs

If the citation targeted a deficiency in your written safety programs, this is the time to overhaul them. Ensure all required programs are current, comprehensive, and actually implemented — not just sitting in a binder.

Increase Training Documentation

Many citations stem from inadequate training or, more commonly, inadequate documentation of training. Use standardized toolbox talk templates with sign-in sheets to create a consistent record of ongoing safety communication.

Implement Regular Inspections

Daily safety inspections with documented findings and corrective actions demonstrate proactive hazard management — exactly what OSHA wants to see.

Develop JHAs for High-Risk Work

Task-specific job hazard analyses show that your company systematically identifies and controls hazards before work begins.

Penalty Reduction Factors

OSHA considers several factors when calculating penalties, and these same factors influence reductions during informal conferences:

• Employer size — Small businesses (under 25 employees) may receive reductions of up to 60%
• Good faith — Employers with an effective written safety program, training documentation, and inspection records may receive up to 25% reduction
• History — No serious citations in the past 5 years can earn up to 10% reduction
• Quick fix — Correcting the hazard immediately and documenting the correction favorably impacts negotiations

When to Contest Formally

If the informal conference doesn't resolve the issues to your satisfaction, you can file a Notice of Contest within the 15-working-day deadline. This sends your case to the Occupational Safety and Health Review Commission (OSHRC) for formal adjudication. Consider formal contest when:

• You genuinely believe the citation is incorrect (wrong standard cited, facts are wrong)
• The violation is classified as willful or repeat, and you believe the classification is wrong
• Penalties are disproportionate to the alleged violation
• You've been unable to reach a reasonable resolution through the informal conference

Formal contests often benefit from legal representation. Many construction attorneys specialize in OSHA defense and can advise on the strength of your case.

The best response to a citation is a better safety program. Explore our safety program bundles for comprehensive, affordable compliance documentation that addresses the most commonly cited standards.