--- kind: "section" citation: "29 U.S.C. § 659" title: "29" title_heading: "Labor" number: "659" heading: "Enforcement procedures" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/29/659" units: - "Chapter 15 — Occupational Safety and Health" --- # §659. Enforcement procedures - (a) **Notification of employer of proposed assessment of penalty subsequent to issuance of citation; time for notification of Secretary by employer of contest by employer of citation or proposed assessment; citation and proposed assessment as final order upon failure of employer to notify of contest and failure of employees to file notice—** If, after an inspection or investigation, the [Secretary](/usc/29/652.md?p=1) issues a citation under [section 658(a) of this title](/usc/29/658.md?p=a), he shall, within a reasonable time after the termination of such inspection or investigation, notify the [employer](/usc/29/652.md?p=5) by certified mail of the penalty, if any, proposed to be assessed under [section 666 of this title](/usc/29/666.md) and that the [employer](/usc/29/652.md?p=5) has fifteen working days within which to notify the [Secretary](/usc/29/652.md?p=1) that he wishes to contest the citation or proposed assessment of penalty. If, within fifteen working days from the receipt of the notice issued by the [Secretary](/usc/29/652.md?p=1) the [employer](/usc/29/652.md?p=5) fails to notify the [Secretary](/usc/29/652.md?p=1) that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any [employee](/usc/29/652.md?p=6) or representative of [employees](/usc/29/652.md?p=6) under [subsection (c)](#c) within such time, the citation and the assessment, as proposed, shall be deemed a final order of the [Commission](/usc/29/652.md?p=2) and not subject to review by any court or agency. - (b) **Notification of employer of failure to correct in allotted time period violation for which citation was issued and proposed assessment of penalty for failure to correct; time for notification of Secretary by employer of contest by employer of notification of failure to correct or proposed assessment; notification or proposed assessment as final order upon failure of employer to notify of contest—** If the [Secretary](/usc/29/652.md?p=1) has reason to believe that an [employer](/usc/29/652.md?p=5) has failed to correct a violation for which a citation has been issued within the period permitted for its correction (which period shall not begin to run until the entry of a final order by the [Commission](/usc/29/652.md?p=2) in the case of any review proceedings under this section initiated by the [employer](/usc/29/652.md?p=5) in good faith and not solely for delay or avoidance of penalties), the [Secretary](/usc/29/652.md?p=1) shall notify the [employer](/usc/29/652.md?p=5) by certified mail of such failure and of the penalty proposed to be assessed under [section 666 of this title](/usc/29/666.md) by reason of such failure, and that the [employer](/usc/29/652.md?p=5) has fifteen working days within which to notify the [Secretary](/usc/29/652.md?p=1) that he wishes to contest the [Secretary](/usc/29/652.md?p=1)’s notification or the proposed assessment of penalty. If, within fifteen working days from the receipt of notification issued by the [Secretary](/usc/29/652.md?p=1), the [employer](/usc/29/652.md?p=5) fails to notify the [Secretary](/usc/29/652.md?p=1) that he intends to contest the notification or proposed assessment of penalty, the notification and assessment, as proposed, shall be deemed a final order of the [Commission](/usc/29/652.md?p=2) and not subject to review by any court or agency. - (c) **Advisement of Commission by Secretary of notification of contest by employer of citation or notification or of filing of notice by any employee or representative of employees; hearing by Commission; orders of Commission and Secretary; rules of procedure—** If an [employer](/usc/29/652.md?p=5) notifies the [Secretary](/usc/29/652.md?p=1) that he intends to contest a citation issued under [section 658(a) of this title](/usc/29/658.md?p=a) or notification issued under subsection [(a)](#a) or [(b)](#b) of this section, or if, within fifteen working days of the issuance of a citation under [section 658(a) of this title](/usc/29/658.md?p=a), any [employee](/usc/29/652.md?p=6) or representative of [employees](/usc/29/652.md?p=6) files a notice with the [Secretary](/usc/29/652.md?p=1) alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the [Secretary](/usc/29/652.md?p=1) shall immediately advise the [Commission](/usc/29/652.md?p=2) of such notification, and the [Commission](/usc/29/652.md?p=2) shall afford an opportunity for a hearing (in accordance with [section 554 of title 5](/usc/5/554.md) but without regard to [subsection (a)(3)](/usc/29/554.md) of such section). The [Commission](/usc/29/652.md?p=2) shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the [Secretary](/usc/29/652.md?p=1)’s citation or proposed penalty, or directing other appropriate relief, and such order shall become final thirty days after its issuance. Upon a showing by an [employer](/usc/29/652.md?p=5) of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond his reasonable control, the [Secretary](/usc/29/652.md?p=1), after an opportunity for a hearing as provided in this subsection, shall issue an order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribed by the [Commission](/usc/29/652.md?p=2) shall provide affected [employees](/usc/29/652.md?p=6) or representatives of affected [employees](/usc/29/652.md?p=6) an opportunity to participate as parties to hearings under this subsection. ## Source credit (Pub. L. 91–596, § 10, Dec. 29, 1970, 84 Stat. 1601.)