An IOSHA Citation and Notification of Penalty (citation) is a legal document notifying an employer of the following:
- Alleged hazards identified during the inspection.
- The proposed penalty amount.
- The deadlines for correcting the hazards.
What to do after receiving a citation
Review the citation details. Employers have 15 working days to determine their next steps and take action. The citation will not go away if you ignore it. Post a copy of the citation at or near the place of each alleged hazard. Keep the citation posted near each hazard for three working days or until it's corrected (abated), whichever is longer. You may contact an attorney at your own expense.
NOTE: Working days are Monday through Friday, excluding state and federal holidays.
Citation Options
One of the following options must be done within 15 working days:
- Correct the violations and pay the penalties.
- Request an extension of the abatement dates (using the Petition for Modification of Abatement) and pay the penalties. An extension of abatement dates does not extend penalty due date.
- Settle through an Expedited Informal Settlement Agreement (EISA).
- Schedule and settle at an informal conference.
- Contest the citation, penalties or abatement dates.
Corrective Action
For violations that you do not contest or settle, you must notify IOSHA in writing that you have corrected the hazards listed in the citation. You should have the hazards corrected by the dates set in the citation. Complete the abatement record form to notify IOSHA. The notification should explain:
- The specific action taken for each hazard.
- The approximate date you completed corrective action.
- Include any abatement verification proof (e.g. pictures, training records), if necessary.
Petition for Modification of Abatement Date
The citation includes the dates you should correct any issues identified. If you are unable to correct the issues by the date listed, submit a Petition for Modification of Abatement Date (PMA). You must be unable to meet the dates due to uncontrollable events or circumstances.
Complete the PMA form and submit it as soon as possible but no later than one working day after the abatement date. The PMA should show you have made a good faith effort to comply. For IOSHA to consider your PMA, it must include all the following:
- Any steps you have taken to achieve compliance and dates you took them.
- How much additional time you need and why you need it.
- Any steps you are taking to safeguard your employees until you correct the hazards.
- Post the PMA form in an area accessible to all employees. If appropriate, the Employee Rights Notice from the PMA must be given to the affected employees or their authorized representative. The petition must remain posted for 10 working days after approval, during which employees may file an objection.
Penalties
You must pay any penalties within 15 working days after you receive the citation. If you contest the citation or penalty in good faith, you do not need to pay for contested items until a final decision is made.
Expedited Informal Settlement Agreement
If you are eligible for an EISA, you will receive it with the citation. You must document all corrected violations.
IOSHA will only accept an EISA within the 15 working day contest period. The 15 working day contest period is not extended because you receive an EISA. If you accept the EISA you may not also file a Notice of Contest.
Informal Conference
You may request an informal conference with IOSHA. An informal conference is a chance to discuss the findings of the IOSHA inspection. It may result in a rapid settlement of your citation. Employee representatives have a right to attend the informal and must receive an invite to attend.
If you want an informal conference, please request it as soon as possible. An informal conference must be held within 15 working days after the employer receives the citation. Requesting an informal conference does not extend the deadline to file a notice of contest. If you file a notice of contest, you are no longer eligible for an informal conference.
Contest the Citation
You have 15 working days from the date you receive the citation to contest the citation, the penalty, or the abatement date. If you contest only the penalties, you must still correct all violations by the dates indicated on the citation. To contest, you must notify IOSHA (in writing) within 15 working days after receipt of a citation. Working days are Monday through Friday, excluding state and federal holidays. This written notification, called a Notice of Contest, must state you are contesting:
- The citation
- The penalty
- The abatement date
- Or any combination of the above
If you file a notice of contest, you are no longer eligible for an informal conference.
Employee Notice of Contest
An employee may object to the posted abatement dates by filing a Notice of Contest in writing to osha.pma@iwd.iowa.gov.
Whistleblower Protection
Retaliation against whistleblowers is illegal.
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