After the Area Director receives the Notice of Contest, the same will be forwarded to OSHA, in order for OSHA to file a Complaint against the employer with the OSHRC. A Late Notice of Contest will need to be filed by the employer. OSHA will have twenty days to file the Complaint. 29 C.F.R. 2200.34 .
Requesting an informal conference will not toll or extend the fifteen business day deadline to file the Notice of Contest. To contest the citation, the employer must send a Notice of Contest to the OSHA Area Director via U.S. mail within fifteen business days of receiving the citation.
If no Notice of Contest is filed by an employer, or filed after the expiration of the fifteen business day period, the citation and the assessment of penalty, will be deemed a final order and not subject to review by any court or agency. 29 U.S.C. § 659.
Requesting an informal conference will not preclude contesting a citation. Requesting an informal conference will not toll or extend the fifteen business day deadline to file the Notice of Contest.