Appeal Rights

Employers have the legal right to appeal a citation. An employer who wishes to appeal a citation has only 30 calendar days from the receipt of the citation to file an appeal. An appeal is filed when it is received by Oregon OSHA, the Department of Consumer and Business Services, or the Workers' Compensation Board.

The appeal request must:

1. be in writing;
2. be signed by the employer's authorized representative;
3. include the employer's name, address, and telephone number;
4. state the citation's optional report number; and
5. indicate each item being appealed and the reason for each item's appeal.

The appeal may be sent to the Oregon Occupational Safety and Health Division, DCBS, 350 Winter St. N. E., Rm. 430, Salem, Oregon 97301-3882. The appeal may also be FAXed to Oregon OSHA at 503/947.7461 in care of the Appeals Unit, Oregon OSHA.

Appeals received within 30 calendar days of the citation's receipt will be scheduled for an informal conference with an Oregon OSHA Appeals Specialist. The Appeals Specialist, the Compliance Officer, and the employer will meet to informally discuss the citation and the issues raised by the employer regarding the citation. The Appeals Specialist has the authority to legally resolve the citation.

If the employer is not satisfied with the outcome of the informal conference and wishes to pursue the matter further, the case will be transferred to the Workers' Compensation Board, Hearings Division. The case will then be scheduled for hearing before an administrative law judge of the Workers' Compensation Board, Hearings Division. The Department of Justice represents Oregon OSHA in all contested case hearings before the Workers' Compensation Board. Employers may retain an attorney, or, choose to represent themselves before the Workers' Compensation Board.

NOTE: Appealing a serious violation or the reasonableness of the correction date of a violation does not extend the correction date. To extend the correction date, you must apply for an Extension of Correction Date for the violation, directly to the Oregon OSHA field office listed on the Letter of Corrective Action.