The OSHA informal conference: what to bring, and the clock that keeps running.
An informal conference is a meeting you ask for with the OSHA Area Director to discuss your citation, the proposed penalties and the abatement dates, and possibly settle (OSHA 3000). It must happen inside the 15 working days you have to contest, and it does not pause them (29 CFR 1903.20). Ask for it as soon as the citation arrives.
Not legal advice. OSHA Action Packet is an administrative response tool, not a law firm. Nobody can promise how OSHA will decide a case or what a penalty will end up being. Talk to a lawyer about whether to contest, and check every date against your own citation. This page covers federal OSHA; state plan states set their own rules.
The 15 working day clock
The conference does not stop the contest deadline.
You have 15 working days from the day your company received the citation to file a written notice of contest (29 CFR 1903.17(a)). Working days are Monday to Friday without federal holidays, and the day you received it does not count (1903.22(c)).
Asking for or holding an informal conference does not pause those 15 days (1903.20), and it does not replace a written notice of contest (OSHA 3000).
If you settle, the informal settlement agreement only takes effect if both you and the Area Director sign it before the contest period ends. If OSHA does not have your signed agreement by then, the citation becomes a final order (FOM chapter 8).
If you do not settle and want to contest, file the notice of contest by the 15th working day. Once you contest, a settlement offered at the conference is no longer available from the Area Office, and the case goes to the Regional Solicitor's office (FOM chapter 8).
What to bring
Come with the citation, your proof and your plan.
The full citation and notification of penalty
Everything discussed is item by item: citation number, item number, standard, penalty and abatement date.
Signed abatement certification and proof for items already fixed
OSHA's manual tells the Area Director to ask for the signed certification and any required documentation for items not fixed during the inspection, for example time and date stamped photos (FOM chapter 8).
Your plan and dates for items not fixed yet
A lower classification or penalty can only be given once proof of abatement is in, or when you commit to fix the items by their abatement dates (FOM chapter 8).
Your safety and health program, and records that show it works
The Area Director looks for a safety and health program you have built or will keep improving, such as hiring a safety consultant or using OSHA's free consultation service (FOM chapter 8). OSHA gives meeting minutes and training records as examples of evidence (FOM chapter 6).
A short list of what you are asking for
Employers usually ask for a lower penalty, a lower classification, both, or for an item to be withdrawn (FOM chapter 8). Know which items you want to discuss and why.
Your lawyer, if you have one
Any party may be represented by counsel (29 CFR 1903.20).
This list is ours, built from what OSHA's Field Operations Manual tells Area Directors to ask for and look at. OSHA does not publish an official checklist.
What is often discussed
What usually comes up.
- Why the inspection happened, for example a complaint or a programmed inspection, and your contest rights.
- A fuller explanation of each violation and the standard behind it.
- Ways to correct the violations, and whether the abatement dates work for you.
- The proposed penalties and the classification of each item (for example serious or other-than-serious).
- Whether to settle with an informal settlement agreement.
- Payment plans, and petitions to modify abatement if you need more time.
From OSHA's own lists of what an employer can use the conference for (OSHA 3000) and what the Area Director covers (FOM chapter 8). The Area Director can change abatement dates, reclassify violations, and change or withdraw a penalty or an item when the evidence at the conference supports it (FOM chapter 8). If you agree the violations exist but need more time to fix them, the Area Director can issue an amended citation with new abatement dates before the 15 working days end (OSHA 3000). Any changes to the citation must be posted (29 CFR 1903.16).
Employers usually ask about penalties there. Read how OSHA penalties are set and lowered before you go.
Look up your inspection and see your dates
Search OSHA's public records by company or inspection number to see each cited item, its proposed penalty and its abatement date, and work out your 15 working day contest deadline.
Before the conference
Walk in with every item, date and owner on paper.
Upload your citation PDF for a free preview scan. The paid packet turns it into an abatement plan for each item, the proof to collect, the deadlines, and an owner for each task, so you can show OSHA what is fixed and what is scheduled.
After the citation
OSHA citation deadlines
Every date in order, from the 15 working day contest period to abatement certification.
Read the guide →
Abatement certification letter
What 29 CFR 1903.19 asks for, what counts as proof, and an example letter.
Read the guide →
Lowering an OSHA penalty
The size, good faith and history factors OSHA publishes, and what happens at the informal conference.
Read the guide →
Informal conference · FAQ
Informal conference questions
What is an OSHA informal conference?
A meeting with the OSHA Area Director, requested by you, to discuss the citation and proposed penalty before you decide whether to contest. You can ask about the violations and the standards, discuss penalties and abatement dates, and settle the case with an informal settlement agreement (OSHA booklet 3000; 29 CFR 1903.20).
Does an informal conference extend the 15 working day contest deadline?
No. Neither asking for nor holding an informal conference pauses the 15 working days to file a notice of contest (29 CFR 1903.20). OSHA says the conference must be held inside that period and does not take the place of a written notice of contest (OSHA booklet 3000).
How do I request an informal conference?
Call or write the OSHA Area Office that issued the citation. OSHA encourages employers to call the area office when the citation arrives to discuss concerns, and conferences can be held by any practical means (OSHA booklet 3000). Ask early so it fits inside the 15 working days.
Can I bring a lawyer to the informal conference?
Yes. Any party may be represented by counsel (29 CFR 1903.20). OSHA's Field Operations Manual tells Area Directors they may ask the Regional Solicitor's office for help when an employer brings an attorney (FOM chapter 8).
Can employees attend the informal conference?
Employee representatives have the right to take part. If the side that asked for the conference objects to the other side attending, OSHA may hold separate conferences, and either side can ask for private discussions during a joint one (OSHA booklet 3000).
What happens if we settle at the informal conference?
You and the Area Director sign an informal settlement agreement. It takes effect when both have signed, and only if that happens before the contest period ends. By signing it you give up the right to contest those citations. You must post copies of any changes to the citation (FOM chapter 8).
Is this legal advice?
No. OSHA Action Packet is an administrative response tool, not a law firm. Talk to a lawyer about whether to settle or contest.
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