Phony Order & Citation Defense

MSHA inspectors have threatened Operators with "orders" if they did not immediately abate phony citations. An order must be obeyed and there appears to be no time for any sort of a solution with the inspector, his field office, or the District Office! Remember " informal conference" will be heard by MSHA, by field and district offices only for "high negligence or flagrant violations". The only avenue open is "Formal Contestment"! If you receive a citation or if threatened with a citation, when you receive it, immediately fax a request for Formal Contestment and Expedited Hearing on both the citation and the unreasonable abatement period to MSHA Solicitors Office, Arlington, VA. Also mail the letter (USPS certified mail, return receipt requested) to the FMSHRC and a copy to the Solicitors office). The MSHA Solicitors office numbers are: phone-202-693-9333, fax-202-693-9361. Remember to make a note of the date and time the fax was sent.

 Follow the steps under "Formal Contestment" procedure: addresses,  procedures and sample Letter.

Click for "Formal Contestment" procedure

Click for Procedure When Forced to Abate Phony Citation

Click for Plan to Avoid Citations & Orders!!