Jim's article talks about "contesting" rather than "appealing" an OSHA citation. That's deliberate. The terms are similar but not quite the same. Here's an explanation of the difference along with a breakdown of how the OSHA review process works.

Step 1: Contesting an OSHA Citation

When OSHA issues a citation, an employer has 15 business days to decide whether or not to challenge it. The technical term for challenging an OSHA citation at this point in the process is "contesting."

"Contests" are adjudicated before an Administrative Law Judge (ALJ) specially appointed and employed by the Occupational Safety and Health Review Commission (OSHRC), an independent body consisting of three "Commissioners" appointed by the President.

Step 2: Appealing an OSHA Citation

The ALJ decision becomes a final order of the OSHRC, unless within 30 days a Commissioner directs that it be reviewed. There are two ways an ALJ decision may be directed for OSHRC review:

• The losing or "aggrieved" party can file a petition for what's called discretionary review; and
• A Commissioner may decide to direct review on his or her own.

When an ALJ order is directed for review it's called an "appeal."

Step 3: Appealing an OSHRC Denial or Review

If the OSHRC denies a petition for discretionary review or after a review occurs, the aggrieved party can appeal to a federal court. This is the second level of appeal.

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