MNOSHA Compliance: Appeals process

Notice of contest

Employers have a right to contest citations issued by Minnesota OSHA (MNOSHA) Compliance within 20 calendar-days after receiving the citation. If an employer chooses to do so, they file a Notice of Contest form with MNOSHA Compliance and an informal conference is arranged between the employer and Minnesota OSHA Compliance to negotiate an agreement. If an agreement is reached, a written settlement agreement is prepared. If not, the case is scheduled for a hearing before an administrative law judge.

The employer and the employees have the right to participate in the hearing; the law does not require they be represented by attorneys. After the administrative law judge has ruled, any party to the case may appeal the case to the Occupational Safety and Health Review Board.

Petition for Modification of Abatement Date (PMA)

Upon receiving a citation, the employer must correct the cited hazard by the abatement date listed in the citation unless the employer contests the citation or abatement date. Factors beyond the employer’s control, such as parts on back order, may prevent the completion of corrections by the abatement date. In such a situation, the employer may file a Petition for Modification of Abatement Date (PMA) form. Instructions for submitting a PMA form are listed on the Citation and Notification of Penalty received by the employer.

Appeals by employees

Employees may contest citations, amendments to citations, proposed penalties or time allowed for abatement of a hazardous condition. They also may contest an employer’s petition for modification of abatement date, which requests an extension of the proposed abatement period. Employee appeal rights are listed on the Citation and Notification of Penalty received by the employer and posted in the work area.