Construction Attorneys

By Christian Lestinsky Receiving a citation from Arizona’s OSHA equivalent – the Division of Occupational Safety and Health (ADOSH) – can be stressful, disruptive, and costly. Beyond potential penalties, an ADOSH citation can affect employee morale, operations, insurance, and your company’s reputation. How your company responds, particularly in the first days after receiving a citation, can have lasting consequences. Below are practical, real-world steps you should take if you receive an ADOSH citation. 1. Immediately Abate the Alleged Safety Risk. Employee safety is the top priority. Whether or not you agree with the citation, the first step should always be addressing the alleged hazard. Prompt abatement protects employees and demonstrates good-faith compliance. Depending on the circumstances, abatement may also include: removing employees from hazardous conditions; repairing or replacing unsafe equipment; implementing interim administrative or engineering controls; and reinforcing required personal protective equipment (PPE). Taking swift corrective action not only reduces the risk of injury; it may also help mitigate penalties and strengthen your position during the enforcement process. One of your first actions should also be posting a copy of the citation where the alleged violation occurred — something that ADOSH requires. If this is not practical, then you must post it somewhere where it will be visible to all affected employees. 2. Immediately Seek Legal Counsel. ADOSH citations are time-sensitive legal matters. An ADOSH citation is a formal enforcement action with strict deadlines. If you wish to challenge any portion of the citation, a Notice of Contest must be filed within the required timeframe: 15 working days after receiving the citation(s). You may also request an informal conference with an ADOSH supervisor during this 15-day period to discuss the citation and any penalties. 3. Reinforce or Build a Strong Safety Culture. Use the citation as an opportunity to improve.  ADOSH citations often reveal broader gaps in safety systems, training, or oversight – not just a single isolated issue. You should use the citation as an opportunity to evaluate and strengthen your overall safety culture. General steps might include: reviewing and updating your written safety policies and procedures; holding regular safety meetings or talks; clarifying safety responsibilities for supervisors and managers; encouraging employee participation in safety initiatives through incentives; and improving incident and near-miss reporting practices. 4. Invest in Training and Education. Training is prevention – and evidence of good faith. While a citation is pending, employers should actively pursue safety training for both management and employees. ADOSH regularly offers training sessions, outreach programs, and employer education events designed to help businesses understand and meet safety obligations. ADOSH even has an in-house Consultation Unit that provides confidential advice to employers seeking concrete ways to build a safety culture. 5. Allocate Financial Resources to Safety Improvements. Safety spending is risk management. Improving workplace safety often requires a financial commitment. You should be prepared to allocate resources toward meaningful safety improvements. This helps prevent future workplace safety incidents and demonstrates an overall commitment to safety. 6. Coordinate With a Safety Consultant. Align technical compliance with legal strategy. Consider working with a qualified safety consultant, particularly when citations involve technical standards or complex work environments. Final Thoughts An ADOSH citation should be taken seriously. If handled correctly, the citation process can be an opportunity to reinforce a culture of safety, demonstrate good faith, protect your reputation, and position your business for success. Need help responding to an ADOSH citation? ADOSH citations move quickly and can carry lasting consequences if not handled properly. Our experience in dealing with ADOSH citations can make a meaningful difference in the outcome for your company – especially if you involve us early in the process. For additional information, please see the following articles by our attorneys and descriptions of our regulatory compliance services: ADOSH inspection program focuses on heat-related illness, injury Heat Stress: Reducing the safety risks to outdoor workers Worker safety lawyers at Lang Thal King & Hanson Government regulation defense at Lang Thal King & Hanson