Navigating OSHA Citations: A Consultant's Perspective

Introduction

Each year, OSHA and state plans issue approximately 100,000 citations for health and safety violations. Organizations receiving citations often face stress and confusion, with consequences extending beyond financial penalties. Citadel EHS assists employers in understanding citations, responding strategically, and strengthening safety programs.

Why Some Citations May Not Hold Up

Common citation issues that may not withstand scrutiny include: misapplication of standards to specific situations, overlooked existing safety measures, and citations based solely on accident occurrence without establishing causation.

Valid Affirmative Defenses

Employers may possess defensible positions including:

• Employee misconduct: When companies maintained strong policies, training, and supervision but employees acted independently
• Feasibility issues: Regulations may be technically or economically infeasible, with effective alternatives implemented
• Timing: OSHA must issue citations within statutory timeframes (typically six months)

The 15-Day Deadline

From the day you receive a citation, the clock starts ticking. In most states, you have 15 working days to file an appeal. Failure to appeal results in final citations, even if unjustified.

True Cost of Accepting Citations

Some employers decide not to contest citations, especially if the dollar amount looks small. But this can be shortsighted. Consequences include: permanent public records accessible to clients and regulators, lost business opportunities from client safety vetting, increased penalties for future "Repeat" or "Willful" violations, and reputation damage through OSHA press releases and third-party tracking services.

How Citadel EHS Helps

The firm assists by reviewing citations and OSHA case files, developing appeal strategies with potential defenses, representing clients with OSHA and Administrative Law Judges, working toward resolution through vacation, downgrading, or consolidation, and improving safety programs to prevent similar issues.