Rights and steps to take
An employer has 30 calendar days after receiving a citation to file an appeal. (437-001-0255)
Any item on the citation, the penalty amount, or the entire citation may be appealed.
How to request an appeal or an informal conference
Fill out an online appeal request
- or -
Send to Oregon OSHA, the Department of Consumer and Business Services, or the Workers' Compensation Board a written request for an appeal that clearly states:
- It is a request for a hearing on a citation
- Specify each cited item/violation that is contested
- The grounds upon which the employer consider the citation, proposed penalty, or correction period to be unjust or unlawful (ORS 654.078)
The appeal request does not need to be any particular form or format.
An employer or employee can request an informal conference to discuss with Oregon OSHA:
- Clarifying statements of observed violations
- Discuss safety and health requirements
- Discuss abatement dates
- Explain the penalty system
- Improve employer/employee understanding of the Oregon Safe Employment Act
- Correct errors
- Narrow issues
- Negotiate a settlement agreement with an employer to resolve disputed citations that have not become a final order.
A request for an informal conference alone is not considered an appeal, although the same request may serve as both a request for an informal conference and a request for an appeal, provided that it includes all the required elements.
After the appeal request
Appeals are scheduled for an informal conference with an Oregon OSHA appeals specialist. During that conference, the appeals specialist, the compliance officer, and the employer will discuss the issues in question. The appeals specialist has the authority to resolve the citation.
An employer who is not satisfied with the informal conference may further pursue the matter before an administrative law judge of the Workers’ Compensation Board.