Does an employer's contest to a proposed penalty or citation need to be in writing?

An employer's contest to a proposed penalty or citation indeed must be in writing. This requirement ensures that there is a formal record of the employer's disagreement with the citation or penalty, which can be essential for legal and procedural reasons. The written contest allows OSHA and the Occupational Safety and Health Review Commission (OSHRC) to process the appeal correctly and conduct any necessary reviews or hearings based on the details provided by the employer.

This written requirement underlines the seriousness of the contest process, emphasizing that employers should formally articulate their reasons and arguments against the proposed citations or penalties. Without this written documentation, the contest may not be considered valid or may not proceed through the proper channels.

The other options suggest varying scenarios in which a written contest might be unnecessary or conditional, but OSHA regulations uniformly require that any contest be submitted in writing, regardless of the severity of the violation or the size of the company.