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HR LibraryWorkplace SafetyCal/OSHA Requirements and Inspections

What Happens If You Disagree With the Results of an Inspection?

If you disagree with the results of an inspection, you can appeal to the OSHAB within 15 working days of receiving a citation or order.

  1. Because the time allotted for an appeal is only 15 working days, start the decision-making process immediately upon receiving the citation or order. Identify issues that you can appeal. Consider the following factors:
    • The size of the penalty and the cost and time allowed for abatement compared to the cost and time of appealing.
    • The potential for a repeat citation.
    • Your likelihood of success given the strength of your defense.
  1. Communicate your desire to appeal to the OSHAB by hand delivery, mail, fax or telephone. The OSHAB provides you with an appeal form and other information on the appeal process. If you return the form to the OSHAB within 10 working days, the appeal is considered complete when the OSHAB receives the following items: A signed, completed appeal form; the statutory grounds on which the appeal is based; The reasons for the appeal; and the issues to be raised. After the appeal process begins, you may be required to wait up to six months for the OSHAB to assign a docket number for the appeal. When docketed, the OSHAB will send a copy of the form back to you with a docket number and OSHAB stamp affixed.
  • You must post a copy of the docketed appeal form at or near the site of the already posted citation. The posting must remain in place until the appeal hearing begins or the claim is settled.
  1. Because docketing notification can be a lengthy process, begin preparing your defense for the hearing while the incident, inspection and facts remain current and fresh in your mind. Hearings are typically held no more than six months from the appeal’s docketing. To investigate Cal/OSHA’s information, file a discovery letter with the agency. Send copies to the OSHAB and any other interested party. You can subpoena witnesses or physical evidence.

    You cannot communicate with the OSHAB unless all parties to the appeal receive notification. You can serve a document on another party by personal delivery, first-class mail, overnight delivery or fax. You can communicate by a declaration, a written statement or a letter of transmittal.
  1. You can request an informal conference, which consists of you, your representatives, Cal/OSHA’s district manager and the inspector responsible for the citation. You can discuss any evidence in an attempt to resolve any disputes and avoid the need for an appeal.
    District managers must hold the conference no more than 10 working days after issuing a citation. If you already filed an appeal, the conference can occur any time up to the hearing date.
  • You must notify employees of the conference, its date and its location. Post this information near the already posted citation and a copy of the conference confirmation issued by Cal/OSHA.
At this stage, Cal/OSHA’s district manager, based on new evidence or interpretation, can withdraw or amend citations, including the violations’ existence and proposed penalties.
  1. If you don’t reach a settlement, you will make your defense at an official hearing before an administrative law judge (ALJ).


    2. At least 30 days prior to a hearing, the OSHAB will send the parties a notice of hearing, advising them of the location, date and time. A hearing is postponed only if an emergency arises, or if a party or witness has a pre-existing scheduling conflict. If either party fails to appear at the hearing, the OSHAB issues a notice that it intends to dismiss the issue. To reinstate the matter, the absent party must establish just cause within 10 days for the failure to appear.
  • You must notify employees of the pending hearing. Post this information near the already posted citation.
  1. At the hearing’s close, all testimony and documentation are considered complete and submitted to the ALJ for decision. Within 30 days, the ALJ summarizes the evidence received, makes findings and files a proposed decision along with their reasons for making the decision.


    2. The OSHAB can confirm, adopt, modify or set aside the proposed decision. The OSHAB then sends copies of its decision to each party. If no one files a petition for consideration, the decision is final and cannot be reviewed by any court or agency.
  1. Either party can take 30 days to file a petition for reconsideration. The petition must explain, specifically and in full detail, every issue the OSHAB must consider. Anything not raised in the petition is waived and cannot be re-examined. If the OSHAB does not act upon a petition within 45 days, it is considered denied. Upon reconsideration, the OSHAB can make another decision or let the original decision stand. If no one requests a judicial review, the decision is final.
  2. Any party that disagrees with a decision after reconsideration or a petition’s denial must apply to the superior court for a writ of mandate within 30 days of the OSHAB’s decision or denial.
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Cal/OSHA Requirements and Inspections

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