FAQs - File an Appeal

FAQs - File an Appeal

  1. Documents that you will need to file an online appeal

    To begin the process of filing an online appeal, please locate the citation package that you received from the Division of Occupational Safety and Health. The citation package includes the following documents:

    1. Citation and Notification of Penalty;
    2. All of the citations and items or notifications that were issued;
    3. Notice of Proposed penalties.
  2. Scan citation package into a PDF file

    To successfully complete the online filing of your appeal, you will be asked to upload the citation package in an electronic format. You must scan the entire citation package, including all of the citations and items that you received (including those that you do not intend to appeal) and save the scanned documents as a PDF (portable document format) on your computer. The online appeal form will prompt you when to upload the PDF file containing the citation package.

  3. Filling out the OSHAB Appeal Form – generally

    Please complete as much of the OSHAB Appeal Form as possible by filling in all applicable information. After you complete the online OSHAB Appeal Form, it will be uploaded to the OASIS computer system where it will be reviewed by an employee of the Occupational Safety and Health Appeals Board (Appeals Board) for completeness. If your online Appeal Form is complete, you will receive correspondence from the Appeals Board indicating that you appeal has been docketed. If your appeal is incomplete, you will receive a Notice of Incomplete Appeal with instructions on how to complete your appeal for docketing.

  4. Filing a timely appeal

    Please note that you are required to submit your online OSHAB Appeal Form no later than 15 working days, which excludes weekends and state or federal holidays, from the date that you received the citations.

  5. Appeals electronically uploaded after 11:59 PM

    Appeals submitted after 11:59 PM will be deemed filed on the next business day.

  6. You may save your work and complete the online OSHAB Appeal Form at another time

    Before you submit the online OSHAB Appeal Form, you may save your work and return at a later time to complete and submit the form.

  7. Review the Completed Online OSHAB Appeal Form Carefully

    When you are finished completing the online OSHAB Appeal Form, please review the form carefully before submitting the form. You will receive by email a receipt indicating the date and time of your form was submitted to the Appeals Board. This receipt will also have information about how to contact the Appeals Board should you have questions or concerns.

  8. Who may file an online OSHAB Appeal Form?

    Only appeals filed by employers shall be accepted electronically. If you are an employee or an obligor you may also file an appeal, but these appeals are not available online. You must call the Appeals Board for further instructions at 916-274-5751 or 877-252-1987.

  9. Appeal Type

    There are three types of appeals that may be accepted online:

    1. Appeal of Citation(s);
    2. Appeal of failure to abate, and/or
    3. Appeal of special order(s) or special action.

    You will be asked in the online OSHAB Appeal Form to select the type or types of appeals you are filing. Please look at the citation package to accurately identify the type of alleged violation you are contesting. Most alleged violations are citations.

  10. Inspection Number

    Each citation has an inspection number. This number is located on the upper right-hand side of page one of the Citation and Notification of Penalty document that you received. To locate the inspection number click here.

  11. Date Citation Issued

    The issuance date is the date that the Division of Occupational Safety and Health issued the citations that you are appealing. This number is located on the upper right-hand side of page one of the Citation and Notification of Penalty document that you received. To locate the issuance date click here.

  12. Date Employer (ER) Received Citation

    This is date that you received the citation package. This date is very important because it is the start of the 15 working days that you have to file a timely appeal.

  13. RID Number

    The "Reporting ID" number is known as the "RID number". This number is located on the upper right-hand side of page one of the Citation and Notification of Penalty document that you received. To locate the RID number click here. Once you insert the RID number the OSHA region, district, location and district manager fields will auto-populate.

  14. Employer (Existing)

    If you have previously filed an appeal and the name of your business and business address has not changed, you may insert the business name in the field "Organization/Business Name" and a list of similarly named businesses will appear after you select enter on your keyboard. Click on the correct selection. Additionally, if you instead click on the magnifying glass symbol, a list will appear and you may select your Organization/Business Name from that list. If your business name appears, click on the name and OASIS will populate the necessary fields to correctly identify your business. Please read this information carefully to ensure that it is accurate. Please fill in any missing information.

  15. Are you handling your own appeal?

    You will be asked if you are handling your own appeal. If you select "yes" this means that your business is not represented by a third party representative such as a lawyer, safety consultant or other person. The person you enter for your business will then become the primary contact person for your appeal with the Appeals Board. If you select "no" you will be required to enter your third party representative's information.

  16. Representative (Existing)

    An existing representative is a third party representative such as a lawyer, safety consultant or other person who is not an employee of your business and who may have represented you or another firm in the past. The representative's contact information may already reside in the OASIS computer system. If you type your representative's name in the field named, "Name of Law Firm or Consulting Firm" and click on the magnifying glass symbol, a list of representatives will appear. Select the representative matching the name you entered.

  17. Add New Representative

    By selecting "Add New Representative" you will be asked to provide the name of the law firm or consulting firm that you are identifying as your representative. You will then add the person who is going to be the representative from that organization. You will be asked to enter telephone information including a primary, and if you choose, a secondary telephone number. Please be certain to enter a telephone extension if applicable.

  18. Representative email

    Please enter the representative's email address. To ensure that the Appeals Board has the most accurate and useful email address, please verify that you have entered the correct email address by entering the address a second time.

  19. Preferred Method of Service

    The OASIS system will allow the employer and its representative to select a preferred method of service. You may elect to be served with all documentation from the Appeals Board by email or by postal mail, but not both. The Appeals Board encourages the selection of email, however if you are more comfortable receiving information from the Appeals Board by postal mail that is your right and the Appeals Board will accommodate your request. You may change your selection at any time and if you have questions about preferred method of service please contact the Appeals Board at 916-274-5751 or 877-252-1877. Please note that a preferred method of service is only for the service of documents originating with the Appeals Board. Other parties must serve you with documents by postal mail unless you have a written agreement with them to receive service from them by email pursuant to California Code of Regulations, title 8, section 355.3, subdivision (g).

  20. Add New Employer

    If you select yes to "Add New Employer" you will be prompted to provide information about your organization including "Organization Name", "DBA" and information about the contact person for the business. A business contact person is different than a third -party representative such as a law firm, consulting firm or other person not associated with your business. If the business is self-represented, the identified contact person for your business will be responsible for receiving communications from the Appeals Board and other parties.

  21. Add Citation

    This section allows you to enter into OASIS information about the citations and items that you wish to appeal. It is important to fill out this section as completely as possible and only include those citations that you contest. Citations and items that are not appealed will be deemed final and any penalties associated with those non-appealed citations will be due and payable.

  22. Citation Number

    Each citation will have a citation number and an item number. Please place the citation number in this field. Please note that this field is limited to two digits. Please enter only one citation number here. Information about other citations and items that you are appealing may be entered by selecting "Add Citation." Click here to see a sample.

  23. Item Number

    Each citation will have an item number. Please enter the item number corresponding to the citation number you are appealing in this field. Generally, citation one may have multiple item numbers. Each item number under citation one alleges a new safety violation. Click here to see a sample.

  24. Classification

    The information on the citation will specify the classification of the alleged violation. Classifications are divided into categories that are generally dependent on the level of severity or impact on health and safety that the alleged violation presents. Please select from the drop down the applicable classification that the Division of Safety and Health Safety has alleged. Click here to see a sample.

  25. Abated?

    Correcting the hazard created by a safety violation is known as abatement. If you have corrected the hazard but nonetheless are contesting other parts of the citation, please check this box. If you check the box indicating that you have abated the alleged violation, please note that abatement may still be at issue should the Division of Occupational Safety and Health disagree that abatement has occurred.

  26. Date by which violation must be abated?

    If the violation is unabated at the time the citation is prepared by the Division of Occupational Safety and Health, the citation will specify a date that the Division expects abatement to be completed. Please insert this date is located on the citation.

  27. Proposed Penalty

    Most citations will have a monetary penalty that the Division of Occupational Health and Safety is assessing. Please insert that dollar amount in this box. It is unnecessary to include the dollar sign ($). Please also note that not all violations have a monetary amount. Some citations, such as some regulatory citations, will not have a dollar amount. If no dollar is listed on the citation, please enter zero (0). Click here for a sample.

  28. Regulation

    The regulation number is located on each citation. This number is a reference to the safety order you are alleged to have violated. The number reference is to the California Code of Regulations, title 8., where all safety regulations that have been adopted are catalogued. You may look at these regulations by navigating to http://www.dir.ca.gov/title8/ch3_3.html. Each regulation will start with a number, and may be followed by subdivisions. The first subdivision will be a lower case letter. The second subdivision will be a number and the third subdivisions will be an upper case letter. OASIS will prevent you from entering the wrong subdivision designation. A regulation number with its corresponding subdivision will look like the following example.

    12345(a)(2)(C)

    If the regulation cited in the citation has more than three subdivisions, you will only be able to enter the first three subdivisions. Click here to see a sample.

  29. Grounds for Appeal

    The Appeals Board requires that you select at least either one grounds for appeal or at least one affirmative defense for your appeal to be complete. Grounds for Appeal are those reasons why you are appealing. You may fail to check any grounds for appeal, but then must choose at least one affirmative defense. Conversely, you may choose at least one grounds for appeal and no affirmative defenses. You may select all grounds for appeal or affirmative defenses that apply. Check the boxes for each reason you are appealing.

  30. Affirmative Defenses

    An affirmative defense is a justification or excuse that, if proved by appellant, relieves the cited employer of all or some of the responsibility for the alleged violation. An affirmative defense must be timely raised by the party filing the appeal. If you would like to allege affirmative defenses, check all of the boxes that apply. You may also list other reasons or defenses for your appeal by filling in the text box with a short, plain statement setting forth the facts or circumstances which, if true, would prove the affirmative defense or excuse. You may, but are not required, to add additional information to checked boxes affirmative defenses. Click here for more specific information about each of the affirmative defenses listed.

    If the additional affirmative defenses or other information about defenses is too lengthy to fit on this online form, you may upload one document in PDF format that provides additional information. This document may be uploaded by clicking the button labeled, "Other Defenses."

  31. Add Item

    If the citation has additional items other than Item 1, by clicking "Add Item" you may enter the information pertinent citation 1, item 2, or citation 1, item 3, etc. You are required to enter information about each item that you wish to appeal.

  32. Add Citation (2)

    After you are done entering information about citation one and all of the items in citation one that you wish to appeal, you may click on "Add Citation" to add information about the next citation you wish to appeal. For each citation you wish to appeal, please click on "Add Appeal" and enter the information requested for each citation you wish to appeal.

  33. Citation Packet

    To complete your appeal you must upload a copy of the citation packet. This packet contains the following three documents:

    1. Citation and Notification of Penalty;
    2. All of the citations and items or notifications that were issued;
    3. Notice of Proposed penalties.

    You must convert these documents into one PDF. To convert paper documents into a PDF you must have access to a digital scanner. All pages of the citation packet shall be scanned into one PDF and then saved on your computer. Where you see the Upload Citation Packet field, another field will state, "Attach file." Next click on the "Browse button" and navigate to the scanned document that you saved on your computer. Upload this document into OASIS.

    Your appeal is not complete until you press the "SUBMIT" button. Once you have done this, you will receive a receipt via email stating the time and date your appeal was submitted. Save the receipt as you would any other important legal document.