Appeals Process | Inspections

Employee Appeals

If an inspection was initiated due to an employee complaint, the employee or authorized employee representative may request an informal review of any decision not to issue a citation.

Employees may not contest citations, amendments to citations, penalties, or lack of penalties. They may, however, contest the time allowed for abatement of a hazardous condition. They also may contest an employer's "Petition for Modification of Abatement" (PMA) which requests an extension of the abatement period. Employees must contest the PMA within 10 working days of its posting or within 10 working days after an authorized employee representative has received a copy.

Within 15 working days of the employer's receipt of a citation, the employee may submit a written objection to OSHA. The OSHA area director forwards the objection to the Occupational Safety and Health Review Commission, which operates independently of OSHA.

Employees may request an informal conference with OSHA to discuss any issues raised by an inspection, citation, notice of proposed penalty, or employer's notice of intention to contest.

Employer Appeals

When issued a citation and notice of proposed penalty, an employer may request an informal meeting with OSHA's area director to discuss the case. The area director is authorized to enter into settlement agreements that revise citations and penalties to avoid prolonged legal disputes.

Trade Secrets | Recordkeeping Guidelines

In providing access to records, you may withhold trade secret information but must provide information needed to protect employee health. Where it is necessary to protect employee health, you may be required to release trade secret information but condition access on a written agreement not to abuse the trade secret or to disclose the chemical's identity.

OSHA allows you to delete from records any trade secret that discloses manufacturing processes or the percentage of a chemical substance in a mixture, but you must state when such deletions are made. When deletion impairs the evaluation of where or when exposure occurs, provide alternative information that is sufficient to permit the requester to make such evaluations.

A specific chemical identity may be withheld when you can demonstrate it is a trade secret, you state this to the requester, and all other information on the properties and effects of the toxic substance is disclosed. The specific chemical identity, however, must be disclosed to a treating physician or nurse when that physician or nurse states that a medical emergency exists and the identity is necessary for treatment. When the emergency is over, you may require the physician or nurse to sign a confidentiality agreement.

Provide access to a specific chemical identity in non-emergency situations to an employee, an employee's designated representative, or a healthcare professional if it will be used for one or more of the following activities:

• Assess the hazards of the chemicals to which employees will be exposed.

• Conduct or assess sampling of the workplace atmosphere to determine employee exposure levels.

• Conduct pre-assignment or periodic medical surveillance of exposed employees.

• Provide medical treatment to exposed employees.

• Select or assess appropriate personal protective equipment for exposed employees.

• Design or assess engineering controls or other protective measures for exposed employees.

• Conduct studies to determine the health effects of exposure.

In these instances, however, you can require the requester to submit a written statement of need, the reasons why alternative information will not suffice, and to sign a confidentiality agreement not to use the information for any purpose other than the health need stated and not to release it under any circumstances, except to OSHA.

The standard further prescribes the steps you must follow if your company decides not to disclose the specific chemical identity requested by the healthcare professional, employee, or designated representative. Briefly, these steps are:

• Provide a written denial.

• Provide the denial within 30 days of the request.

• Provide evidence that the chemical identity is a trade secret.

• Explain why alternative information is adequate.

• Give specific reasons for the denial.

An employee, designated representative, or healthcare professional may refer such a denial to OSHA for review and comment.

Variances | Inspections

If your company is unable to comply with a new standard because of the unavailability of materials, equipment, or professional or technical personnel, or can prove that your facility or methods of operation provide employee protection at least as effective as that required by OSHA, it may apply for a variance from a specific standard.

Whenever an employer applies for either a temporary or a permanent variance, he or she must inform employees of the application and of their right to request a hearing.

Temporary Variance

When an employer cannot comply with a new standard by its effective date, it may apply for a temporary variance from that standard. To be eligible for a temporary variance, the employer must put into force an effective program for coming into compliance with the standard or regulations as quickly as possible. In the meantime, it must be demonstrated to OSHA that all available steps are being taken to safeguard employees.

A temporary variance may be granted for up to one year; it can be renewed twice, each time for six months.

Permanent Variance

You may also apply for a permanent variance from a standard if you can prove that your present facilities or methods of operation are at least as safe and healthful as those required by the OSHA standard.

In making a determination on a permanent variance, OSHA reviews the employer's evidence and, where appropriate, arranges a visit to the workplace to confirm the circumstances of the application. If the request has merit, OSHA may grant a permanent variance. Final variance orders detail the employer's specific responsibilities and requirements and explain exactly how the employer's method varies from the OSHA requirement.