The OSHA informal conference, step by step
Updated 2026-11-15 · Sources linked below · Not legal advice
Short answer: ask the OSHA Area Office for an informal conference as soon as you receive the citation, in writing, and hold it within the 15-working-day contest period. The Area Director can reduce or withdraw penalties, reclassify items and change abatement dates, but the conference does not stop the clock: if you haven't signed an Informal Settlement Agreement by the 15th working day and still disagree, file a written Notice of Contest.
What the rules say
- Who can ask: the employer, an affected employee, or the employees' representative (29 CFR 1903.20). If you request it, affected employees or their union get a chance to take part (FOM Chapter 7).
- When: within the 15-working-day contest period, counted from the day you receive the citation, Monday to Friday excluding federal holidays. "The conference or any request for such a conference shall not operate as a stay of the 15 working day contest period" (FOM Chapter 7; 29 CFR 1903.20).
- How: by any practical means; OSHA prefers in person, but phone and video are common (FOM Chapter 7).
- What can change: Area Directors "can amend abatement dates, reclassify violations (e.g., willful to serious, serious to other-than-serious), and modify or withdraw a penalty, a citation, or a citation item where evidence is established during the informal conference" and "can negotiate the amount of proposed penalties" (FOM Chapter 8).
- What earns a reduction: OSHA's settlement guidance ties changes to the employer showing it is developing or improving a safety and health program and has abated, or committed to abate, every cited violation (FOM Chapter 8).
Step by step
- Post the citation at or near each violation, unedited, for 3 working days or until abated, whichever is later (29 CFR 1903.16).
- Call the Area Office listed on the citation and ask for an informal conference; follow up with a short letter or email listing the items you want to discuss.
- Check the penalty math. Compare each serious item to the 2026 gravity scale and the size, history, good-faith and Quick-Fix factors (see our penalty reduction guide). A missing factor is the easiest point to win.
- Fix what you can and document it: dated photos, receipts, training rosters, written programs.
- At the conference, go item by item: what you've fixed, what you're asking for (reduction, reclassification, grouping, more time), and the evidence. The Area Director won't discuss the legal merits of your case (FOM Chapter 7).
- Settle or contest by the deadline. Sign the Informal Settlement Agreement within the 15 working days, or file a written Notice of Contest (29 CFR 1903.17).
- Certify abatement within 10 calendar days after each abatement date (29 CFR 1903.19).
What to bring
- The citation and your notes from the inspection
- Proof of abatement for each item
- Your written safety program, training records, safety meeting minutes
- Your employee count for the past 12 months (it sets the size reduction)
- Your OSHA history for the past five years
When to skip straight to an attorney
Willful or repeat items, items tied to a fatality or serious injury, or large total penalties. Repeat and willful citations increase future penalties, and contested cases are litigated against Department of Labor attorneys.
Check your own citation
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