Under what circumstances can an OSHA citation be appealed?

An OSHA citation can be appealed if the employer believes the citation is unjustified or incorrect. This occurs when the employer contests the findings of the OSHA inspection or the compliance determination made by the OSHA officer. The appeal process allows employers to formally challenge the citation within a designated time frame, providing an opportunity to present evidence and arguments as to why the citation should not be upheld.

Other circumstances, such as citations issued without prior warning, safety audits, or immediate corrections of violations, do not directly establish grounds for appeal. For instance, the lack of prior warning does not negate the validity of the citation itself; OSHA may issue citations based on observed violations regardless of whether the employer was previously notified. Moreover, conducting a safety audit or correcting a violation does not, in itself, invalidate the citation or provide a basis for contesting it during the appeal process. The focus remains on the merits of the citation and whether or not it accurately reflects a violation of OSHA standards.