Opening an OSHA citation is probably not on any restaurant manager's list of favorite things to do.

Suddenly, you're looking at regulations, alleged violations, correction dates, possible penalties, and deadlines—all while the restaurant is still operating, employees still need to be managed, and customers are still walking through the door.

But receiving an OSHA citation doesn't mean your only option is to write a check and move on.

You need to understand what OSHA says is wrong, what you're required to do next, what your deadlines are, and what options you have if you believe the citation isn't justified.

And if you operate more than one restaurant, you have another question to ask immediately:

Could this same problem exist at my other locations?

First, Understand What OSHA Is Telling You

An OSHA citation identifies the standard or requirement OSHA believes was violated, describes the alleged violation, establishes a date by which the condition must be corrected, and may include a proposed penalty.

Don't simply look at the dollar amount and stop there.

Read the entire citation carefully. Determine exactly what condition OSHA identified, where it was found, which requirement OSHA says was violated, and when OSHA expects the problem to be corrected.

Then start asking questions.

Don't Guess How to Correct the Violation—Ask

This is something I learned firsthand while managing employee safety for a 13-location restaurant franchise.

At one of our restaurants, we had an issue involving electrical receptacles located near hand sinks. At first glance, that sounded expensive.

Were we going to have to move electrical outlets? Move sinks? Open walls? Bring in electricians and contractors at multiple restaurants?

Instead of assuming the worst, I asked OSHA what needed to happen to correct the particular condition they had identified.

In our specific situation, the acceptable corrective action turned out to be remarkably simple. We were able to address the issue without undertaking the expensive construction project I had initially imagined.

The lesson wasn't the particular solution we used. The lesson was that I asked.

Every citation and workplace condition is different, so don't assume that a corrective measure that worked in one restaurant will satisfy the requirements in another. But don't automatically assume the most complicated or expensive solution is necessary either.

OSHA specifically tells employers with abatement questions that those questions can be discussed with the Area Director, including during an informal conference.  

Find out what needs to be corrected and what constitutes acceptable abatement for your particular citation.

There Is a Clock Running After You Receive an OSHA Citation

This is one of the most important things restaurant owners and managers need to understand.

If you disagree with an OSHA citation, proposed penalty, or abatement date, there are procedures available for challenging it. But you cannot put the paperwork on your desk and decide to deal with it whenever the restaurant slows down.

OSHA generally gives an employer 15 working days after receiving the citation and proposed penalty to contest it. Employers may also request an informal conference with the OSHA Area Director during that period to discuss the citation, proposed penalty, abatement dates, or other issues.

The informal conference does not extend the deadline for filing a formal contest.

In other words, pay attention to the dates.  

Yes, You Can Challenge an OSHA Citation

Receiving a citation doesn't mean you automatically have to agree with it.

Years ago, the restaurant franchise I worked for received an OSHA citation that I genuinely believed was wrong. My manager was prepared to pay the penalty. In fact, he had already written the check.

I asked him to hold onto it.

I knew what we had done, I knew the circumstances, and I believed we had a legitimate case. So I pursued it.

And we won.

That experience taught me something I've never forgotten: if you genuinely believe a citation is incorrect, don't assume there is nothing you can do about it.

That doesn't mean every citation should be fought. Sometimes OSHA identifies a legitimate hazard that needs to be corrected, and the appropriate response is to fix it.

But restaurant owners and operators should know that they have rights. Understand the citation, gather your documentation, ask questions, and use the procedures available to you when appropriate.

Correct the Hazard—and Document What You Did

If the violation needs to be corrected, don't stop at fixing the physical problem.

Document the correction.

Depending on the citation, OSHA's abatement verification requirements can include certification of the date and method of correction. For certain violations, OSHA can also require supporting documentation such as photographs, videos, equipment purchase or repair records, receipts, training records, or other written evidence showing that the hazard was corrected.  

That word—documentation—matters.

Restaurant managers deal with hundreds of things every week. Six months from now, you may remember that you fixed something, but remembering it and proving it are two different things.

If You Have Multiple Restaurants, Check Every Location

This is especially important for franchisees, restaurant groups, and multi-location operators.

If OSHA identifies a violation at Restaurant #4, don't just correct Restaurant #4 and move on.

Ask:

Could this same condition exist at Restaurants #1, #2, #3, #5, and everywhere else?

When I was working with 13 restaurant locations, this became extremely important. If we discovered a problem at one restaurant that could reasonably exist at the others, I wanted to know about it.

Because a problem that exists in one restaurant may not be unique to that restaurant.

OSHA's current Field Operations Manual says a previous violation and a subsequent substantially similar violation do not have to occur at the same workplace or under the same supervisor for OSHA to consider a repeat citation. For high-gravity serious violations, OSHA's procedures call for looking at an employer's citation history at identified establishments nationwide within the applicable industry classification.  

And when OSHA conducts inspections at separate establishments belonging to the same employer and finds violations, OSHA's policy provides for separate citations for each establishment rather than grouping them together.  

That doesn't mean one violation automatically causes OSHA to inspect every restaurant you own.

It does mean that you shouldn't wait for OSHA to discover whether the same hazard exists elsewhere.

If one location gets cited, use what you learned to inspect the others.

For a multi-location restaurant operator, one citation can be a very valuable warning.

Don't Forget: The Citation Has to Be Posted

This is another requirement that can surprise employers.

OSHA generally requires an employer to post the citation, or a copy of it, at or near the place where the violation occurred so affected employees are aware of the hazard.

The citation must generally remain posted until the violation has been corrected or for three working days, whichever is longer. Contesting the citation does not ordinarily eliminate that posting requirement while the contest is pending.  

So don't receive the citation, put it in a manager's drawer, and forget about it.

Fix More Than the Violation

Here's where I think restaurant operators can learn the most from an OSHA citation.

Suppose OSHA identifies one particular hazard. You correct it. You send the required documentation. You pay or successfully challenge the penalty.

Done, right?

Maybe not.

The better question is:

Why was the problem there in the first place?

Was an employee never trained?

Was the employee trained once but never reminded?

Did the manager have no easy way to know who had completed training?

Was the hazard identified but never documented or followed up on?

Did everyone assume somebody else had taken care of it?

Correcting the specific violation solves today's problem.

Correcting the system can help prevent tomorrow's.

Restaurant Employee Safety Training Shouldn't Begin With an OSHA Citation

Restaurant employee safety training works best when it is happening before an inspector walks through the door and before an employee gets hurt.

Employees should receive ongoing, restaurant-specific safety training. Managers should be able to see who completed that training. Training records and certificates should be organized. Hazards should be identified and corrected. And the entire system needs to be simple enough to keep operating even when the restaurant gets busy.

That's exactly why I created the REST Compliance Protection System™.

REST gives restaurant managers an ongoing system for employee safety training, quizzes, certificates, documentation, the Safety Training Tracker™, Certificate Tracker™, Restaurant Safety Calendar™, Manager's Safety Command Center™, and other tools designed specifically for restaurant operations.

Not because paperwork prevents every OSHA citation.

And not because any safety training program can guarantee that OSHA will never find a violation.

But because being able to train your employees, track what has been completed, identify problems, and document what you've done is a much better position to be in than trying to reconstruct everything after something goes wrong.

One OSHA Citation Can Be a Warning—or a Turning Point

If your restaurant receives an OSHA citation, read it carefully.

Pay attention to the deadlines. Ask questions. Find out what acceptable correction requires. Document what you fix. If you genuinely believe the citation is wrong, understand your options for challenging it.

And if you operate multiple restaurants, don't stop with the location that received the citation.

Check them all.

Because the most valuable thing you can take from an OSHA citation may not be learning how to correct one violation.

It may be discovering where your restaurant employee safety system needs to become stronger.

Protect your people. Protect your profits. Protect your business.

Don't Wait for an OSHA Citation to Get Your Safety Training Organized

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