How to Respond, Correct, and Move Forward After an OSHA Citation
It’s the notification no employer wants to receive: an OSHA citation. Whether it’s a minor infraction or a serious violation, getting cited by the Occupational Safety and Health Administration (OSHA) can feel overwhelming. But here’s the thing: how you respond makes all the difference.
At Gallagher Bassett Technical Services (GBTS), we partner with businesses across industries to not only prevent OSHA violations but also support them when citations do happen. If you’ve been cited, don’t panic. Here’s a step-by-step guide to help you navigate the process, correct the issues, and protect your business and workforce moving forward. As you navigate the OSHA citation process, it’s crucial to understand your rights and responsibilities as an employer. OSHA provides a helpful resource titled “Federal Employer Rights and Responsibilities Following an OSHA Inspection – 1996” available on their website. Reviewing this guide can help ensure you’re fully informed about the process and can make confident, informed decisions.
Understanding the Types of OSHA Violations
When it comes to addressing an OSHA citation, knowing what type of violation you’ve been cited for is key to understanding the severity of the issue and how best to respond. Each category carries different implications, including the potential for fines, corrective actions, and long-term impact on your company’s safety record. Here’s a breakdown of the primary types of OSHA violations you might encounter:
- Willful Violations: A willful violation is the most serious category. It occurs when an employer knowingly fails to comply with a legal requirement or acts with plain indifference to employee safety. These carry the heaviest fines and can even lead to criminal charges in extreme cases. Demonstrating a proactive commitment to safety is critical to avoid willful violations.
- Serious Violations: A serious violation is issued when there is a substantial probability that death or serious physical harm could result from a hazard that the employer knew or should have known about. These are the most common citations and can carry significant penalties because they indicate risks that put workers’ lives and health directly in danger.
- Failure to Abate Violations: If a hazard identified in a previous citation is not corrected by the abatement date, OSHA may issue a failure to abate citation. These carry daily penalties for each day the violation remains uncorrected beyond the deadline. Timely abatement and documentation are crucial to avoiding these escalating penalties.
- Repeated Violations: This citation is issued when an employer has been cited previously for the same or a substantially similar condition within the past five years. Repeated violations signal to OSHA that previous efforts to correct safety issues were insufficient, often resulting in increased penalties.
- Other-than-Serious Violations: While these violations are less severe, they still have a direct relationship to job safety and health. However, they are unlikely to cause death or serious physical harm. Even though penalties might be lower, these citations can still affect your compliance history and should be addressed promptly.
- De Minimis Violations: These are minor infractions that technically violate OSHA standards but pose no direct threat to worker health or safety. De minimis violations do not result in citations or penalties, but they may be noted during inspections and could reflect a need for procedural improvements.
Understanding which type of violation you’re dealing with can help guide your response strategy, from abatement timelines to potential appeals.
Step 1: Understand the Citation and Its Impact
When OSHA issues a citation, it comes with a Notice of Violation and a proposed penalty. This document outlines:
- The specific standard(s) you’ve violated
- A description of the hazardous condition or behavior observed
- The proposed penalty amount
- The deadline for corrective action (the abatement period)
First things first: read the citation carefully. Identify:
- Type of violation (serious, willful, repeat, other-than-serious)
- Abatement deadlines for each cited item
- Instructions for contesting the citation, if needed
It’s critical to read through the citation carefully, paying close attention to the violation type and the abatement timeline. Missing deadlines or failing to respond appropriately can lead to higher penalties or further legal complications.
OSHA Penalty Updates for 2025: As of January 15, 2025, OSHA has increased penalties for violations:
- Serious and Other-Than-Serious Violations: Up to $16,550 per violation (up from $16,131)
- Willful or Repeated Violations: Up to $165,514 per violation (up from $161,323)
These increases reflect OSHA’s heightened focus on compliance and accountability. Staying ahead of potential risks and responding promptly to citations has never been more important.
Step 2: Post the Citation (Yes, Really)
OSHA requires that you post the citation near the area where the violation occurred. It must remain visible for at least three working days or until the violation is corrected (whichever is longer).
This may feel uncomfortable, but it’s part of OSHA’s process to keep employees informed. It also demonstrates that you’re taking the issue seriously, which can support your relationship with your workforce.
Step 3: Assess the Citation – To Contest or Not?
Not all citations are created equal. Some may be clear-cut and warrant immediate correction, while others may be questionable or based on inaccurate information.
You have 15 working days from receipt of the citation to:
- Accept the citation and penalties, and begin abatement
- Negotiate an informal settlement with OSHA
- Contest the citation, penalty, or abatement timeline
This is where professional guidance is invaluable. GBTS offers citation assessment services to review the facts, evaluate your options, and help you decide whether contesting is the best course of action.
If you choose to contest, you’ll enter into a formal process with the OSHA Review Commission. This can lead to reduced penalties, withdrawn citations, or alternative abatement agreements.
Step 4: Take Corrective Action (Abatement)
If you’re moving forward with abatement (whether you contest or not), the next step is correcting the cited hazards. This can include:
- Implementing engineering controls
- Updating safety procedures
- Providing employee training
- Installing or upgrading safety equipment
Abatement is about protecting your workforce and demonstrating your commitment to safety. At GBTS, we help clients develop and implement effective abatement plans tailored to their operations, ensuring hazards are corrected thoroughly and efficiently.
Once abatement is complete, you may be required to submit abatement certification or documentation to OSHA. This verifies that the corrective actions have been taken.If your business cannot correct a violation by the original OSHA abatement deadline, you can file a Petition for Modification of Abatement (PMA) requesting more time. The PMA must explain your efforts to comply, why additional time is needed, how you will protect employees in the meantime, and include proof that the PMA and OSHA notice have been posted for ten days to allow employee objections.
Step 5: Learn and Improve
An OSHA citation can feel like a setback, but it’s also an opportunity to strengthen your safety program. After addressing the immediate issues, take a step back and ask:
- What led to the violation? Was it a gap in training, procedures, equipment, or culture?
- How can we prevent this from happening again? Are there broader risks or blind spots?
An OSHA citation should prompt a broader look at your safety culture. Consider conducting comprehensive safety audits to identify gaps, providing updated employee training, and reviewing your safety policies and proceduresThis is the time for a comprehensive safety assessment. GBTS offers safety audits, industrial hygiene assessments, and training programs that go beyond compliance, helping you build a robust safety culture that protects your people and reduces long-term risks.
Step 6: Communicate with Your Team
An OSHA citation can cause uncertainty or concern among your employees. Keep communication open:
- Explain what happened (without placing blame)
- Share the corrective actions being taken
- Reinforce your commitment to their health and safety
Engaging your team in the improvement process can help rebuild trust and encourage a culture of shared responsibility for workplace safety.
Step 7: Partner with Professionals
Handling an OSHA citation is complex, and the stakes are high. Fines can be costly, but more importantly, unresolved hazards can put your people at risk.
That’s where GBTS comes in. Our site safety consultants, industrial hygienists, and regulatory experts work with businesses to:
- Evaluate citations and recommend next steps
- Assist with abatement strategies and documentation
- Provide training and safety program development
- Conduct follow-up assessments to ensure ongoing compliance
We’re here to help you not just recover from a citation but come back stronger.
Turning a Citation into a Safer Future
An OSHA citation isn’t the end of the world, but it is a wake-up call. The good news? You have options, and you’re not alone. By responding quickly, correcting hazards, and improving your safety systems, you can protect your workforce, avoid repeat violations, and foster a safer, stronger operation.Need help navigating an OSHA citation? Partner with Gallagher Bassett Technical Services. Our experts are ready to help you through every step of the process, from citation review and abatement to long-term safety planning. Let’s work together to turn today’s challenge into tomorrow’s peace of mind.