Appeals may be initiated by employers or employees. Employees may not contest citations, amendments to citations, penalties, or the lack thereof. If the inspection was the result of an employee complaint, that employee may informally appeal any decision to not issue a citation. Employees may also appeal their employers’ petitions for modifications of abatement (PMAs).
Employers may appeal both citations and penalties. At the first level, employers may request meetings with area directors and may send representatives authorized to enter into settlement agreements. However, a formal notice of contest must be in writing and be delivered within 15 days of receipt of the citation or proposed penalty. A copy of the employer’ Notice of Contest must be given to the employees’ authorized representative.