Filing an appeal

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 party 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. An appeal is perfected when signed, completed appeal form (see forms below) 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.

Click on the following link for instructions on how to use the new appeal form: appeal form instructions

  • Toll-free number: (877) 252-1987
  • Telephone number: (916) 274-5751
  • Fax number: (916) 274-5785
  • Address: 2520 Venture Oaks Way, Suite 300, Sacramento, CA 95833