Occupational Safety & Health Appeals Board (OSHAB)

Employers may appeal a citation and notification of penalty, notification of failure to abate, special order, or order to take special action. An employer has 15 working days from receipt of one of these documents to file and appeal.

If an appeal is filed after the deadline of 15 working days, the appeals board may accept the appeal only upon a showing of good cause for the late filing. Good cause for a late appeal generally means circumstances beyond one's control, which could not have been reasonably anticipated.

• An employer may appeal the existence or the classification of the violation alleged in a citation, the reasonableness of the abatement date, the reasonableness of the changes required by the Division of Occupational Safety and Health, and the amount of any proposed civil penalty.
  
  
• An employee or employee representatives may appeal the reasonableness of an abatement date.
  
  
• Affected employees may request third part status to participate in an appeal filed by an employer.
  
  
• An appeal maybe initiated by a communication to the appeals board 's Sacramento office by telephone, fax, or mail.
  
  Telephone number: (916) 274-5751
  Fax number: (916) 274-5785
  Address: 2520 Venture Oaks Way, Suite 300, Sacramento, CA 95833
  
  
• An appeal is perfected when signed, completed appeal form is received along with the statutory grounds upon which the appeal is based, the reasons for the appeal, and the issues to be raised.
  
  
• When the appeals board receives a signed, completed appeal form, it is reviewed for timeliness and assigned a docket number. Thereafter, the docket number must appear on all communications with the appeals board.
  
  

Cal-OSHA Appeal Form.pdf

Headquarters:
Occupational Safety & Health Appeals Board
2520 Venture Oaks Way, Suite 300
Sacramento, CA 95833

Phone (916) 274-5751
Prehearings (916) 274-5791
Fax (916) 274-5785
E-mail address oshappeals@dir.ca.gov



Southern California Office:
Occupational Safety & Health Appeals Board
100 N. Barranca St., Suite 410
West Covina, CA 91791

Phone (626) 332-1145
Fax (626) 966-4490

An employee, or the authorized representative of an employee, that was (or is) employed by an employer that has a pending appeal of a citation alleging violations of the safety and health regulations may seek participation in the proceedings before the appeals board.

§354   (b) An affected employee or authorized representative of an affected employee may move to participate as a party to a proceeding by filing a motion in accordance with Section 371. 

 Affected parties are defined by 

§347    (b) Affected Employee means an employee of a cited employer who is exposed to the alleged hazard described in the citation as a result of assigned duties. If an employee (their union, attorney, or other representative) is a worker that is affected by the working conditions involved in any citation issued by the Division of Occupational Safety and Health, a motion for party status may be filed with the appeals board. If the motion for party status is granted, the employee (often called the 3rd party) may fully participate in the appeal proceeding. This participation includes any prehearing or hearing scheduled by the appeals board. To obtain party status, a motion must be filed with the appeals board no later than 20 days prior to the date the case is set for hearing (file at the earliest possible date). The motion must clearly state that the employee is an “affected party.” Copies of the motion also must be sent to the Division of Occupational Safety and Health, the employer and any other parties in the pending appeal. A document entitled “Proof of Service” (declaring that all other parties have been furnished a copy of the motion) must be attached to the original motion that is filed with the appeals board. Upon receipt of a motion seeking party status, an administrative law judge of the appeals board will wait 10 days to determine if there is any opposition by any of the parties, and then rule upon the motion. Once the motion is granted, the employee will receive an order that establishes that the affected employee is a party to the proceedings. A copy of all of the documents in the case file of the appeals board will be forwarded to the employee, or authorized representative. Individuals wishing to file a motion for party status may contact the appeals board’s office in Sacramento at (916) 274-5751 to obtain the correct addresses for the other parties in the pending appeal.