Opening Remarks: Why Filing OSHA Complaints Matters
Every worker deserves a safe workplace. The Occupational Safety and Health Administration (OSHA) exists to protect you and your coworkers from dangerous working conditions. When employers ignore safety rules, people can get hurt or even killed.
The Occupational Safety and Health Act gives you specific legal rights to a safe workplace. Your employer must follow OSHA’s safety rules. If they don’t, you have the right to speak up without fear.
Speaking up about safety violations isn’t just about protecting yourself. It helps protect your coworkers too. Many workplace tragedies could have been prevented if someone had reported unsafe conditions earlier.
Understanding and Exercising Your OSHA Rights
You have more rights than you might realize regarding workplace safety. Here are your key rights under OSHA:
- Right to a safe workplace free from serious hazards
- Right to know about hazardous chemicals and dangers
- Right to receive safety training in a language you understand
- Right to see copies of workplace injury records
- Right to get copies of test results that find hazards
- Right to file a complaint with OSHA
- Right to participate in OSHA inspections
- Right to be free from retaliation for exercising these rights
One of the most important things to know: You can ask OSHA to keep your name confidential. Your employer won’t know who filed the complaint.
Recognizing Common OSHA Violations
Many workplace hazards are easy to spot once you know what to look for. Here are some of the most common OSHA violations:
Common Physical Hazards
- Missing guardrails on high platforms
- Unguarded machinery that could catch clothing or body parts
- Blocked fire exits or emergency routes
- Missing protective equipment like hard hats or safety glasses
- Unstable scaffolding or ladders
- Trenches without proper cave-in protection
Common Health Hazards
- Exposure to toxic chemicals without proper protection
- Too much noise without hearing protection
- Poor ventilation in confined spaces
- Lack of proper respiratory protection
- Unsanitary conditions
- Excessive heat or cold without breaks
Your employer must fix these kinds of hazards. They also need to:
- Provide safety training
- Keep records of injuries and illnesses
- Post OSHA notices
- Never discriminate against workers who raise safety concerns
Steps to Filing an OSHA Complaint
When you’re ready to file a complaint, you have several options:
- Online: Use OSHA’s online complaint form
- Phone: Call 1-800-321-OSHA
- Mail or Fax: Download and submit the OSHA-7 form
- In-Person: Visit your local OSHA office
What to Include in Your Complaint:
- Company name and location
- Details about the hazard
- Where the hazard is located
- When you noticed the hazard
- Number of workers exposed
- Whether your employer knows about the problem
- Any attempts made to fix the issue
Remember to be as specific as possible. Instead of saying “unsafe machinery,” describe exactly what’s wrong, like “the press brake is missing its safety guard.”
Save copies of everything you submit. Write down when you filed the complaint and any complaint numbers you receive.## What Happens During an OSHA Inspection
When OSHA receives a serious complaint, they may conduct an inspection. Here’s what you can expect:
Opening Conference
The inspector arrives unannounced and meets with both employer and employee representatives. They explain why they’re there and what they’ll be doing.
Walkthrough
The inspector examines the workplace, looking for both reported hazards and other violations. You have the right to:
- Accompany the inspector during the walkthrough
- Point out hazards
- Describe safety concerns
- Speak privately with the inspector
Employee Interviews
The inspector will talk with workers about safety conditions. These conversations are confidential. Your employer cannot be present during your interview or punish you for speaking up.
Document Review
The inspector checks required records like:
- Injury and illness logs
- Safety training documents
- Equipment maintenance records
- Previous violation records
Closing Conference
The inspector meets with management and employee representatives to discuss findings and possible violations.
Types of OSHA Violations and Penalties
OSHA categorizes violations based on their severity:
Willful Violations
When an employer knowingly ignores safety rules or acts with plain indifference to worker safety. Penalties can reach $145,027 per violation.
Serious Violations
Hazards that could cause death or serious harm, where the employer knew or should have known about the danger. Fines up to $14,502 per violation.
Repeated Violations
Similar violations were found at the same facility or other locations under the same employer. The maximum penalty was $145,027 per violation.
Other-Than-Serious Violations
Safety issues that probably wouldn’t cause death or serious harm but still violate OSHA rules. Penalties may reach $14,502.
De Minimis Violations
Technical violations that don’t directly impact safety. These typically don’t carry penalties but must be corrected.
Whistleblower Protection and Filing a Retaliation Complaint
The law strictly forbids employers from retaliating against workers who file OSHA complaints. Retaliation can include:
- Firing or laying off
- Demoting or denying promotion
- Reducing pay or hours
- Blacklisting
- Threats or intimidation
- Reassignment affecting promotion prospects
If you face retaliation, you must file a complaint within 30 days. Document everything:
- Dates of safety complaints and retaliation
- Names of managers involved
- Witness statements
- Relevant emails or messages
- Performance reviews
- Any proof linking your safety complaint to the retaliation
Successful retaliation claims can result in:
- Getting your job back
- Back pay with interest
- Restoration of benefits
- Compensation for legal fees
Employer’s Responsibility to Abate Violations
When OSHA issues a citation, your employer must fix the hazard by a specific deadline. This process is called “abatement.” Here’s what you should know:
Your employer must:
- Post the OSHA citation where affected workers can see it
- Keep it posted for at least three working days or until the violation is fixed
- Tell OSHA in writing how they fixed the problem
- Show proof the hazard was corrected, like photos or receipts
- Let employees know they fixed the issue
If your employer needs more time to fix a hazard, they must:
- File a petition for more time with OSHA
- Post the petition where workers can see it
- Allow employees to object to the extra time
Appealing OSHA Citations
Both employers and employees have rights when it comes to OSHA citations.
For Employers
Employers have 15 working days to:
- Contest the citation
- Challenge the proposed penalties
- Request an informal conference with OSHA
- Appeal the abatement date
For Employees
You can:
- Object if you think the time given to fix hazards is too long
- Contest if you believe penalties aren’t high enough
- Participate in hearings about the citations
- Request a review if you disagree with changes made after an informal conference
Appeals go to the Occupational Safety and Health Review Commission (OSHRC), an independent agency that handles these cases.
When to Seek an Attorney’s Help
While you can handle many OSHA matters yourself, some situations call for legal help. Get an attorney if:
- Your employer fired you for reporting safety issues
- You were seriously hurt due to safety violations
- Your employer is threatening you
- You need help with a whistleblower claim
- The case involves multiple violations or complex legal issues
A good employment lawyer can:
- Help file your complaints correctly
- Protect your legal rights
- Handle communications with OSHA
- Fight retaliation
- Get you compensation if you were harmed
State OSHA Plans and Unique Considerations
Some states run their own workplace safety programs instead of federal OSHA. These state plans must be at least as strict as federal rules.
States with their own plans might:
- Have different deadlines
- Use different forms
- Handle complaints differently
- Have additional protections for workers
Check if your state has its own OSHA plan. This could affect how you file complaints and what rules apply to your workplace.
Additional Legal Resources and Contact Information
Here’s where to get help:
- OSHA Safety Hotline: 1-800-321-OSHA (6742)
- OSHA Website: www.osha.gov
- Whistleblower Protection Program: 1-800-321-OSHA
- Your State OSHA Office (if applicable)
- Department of Labor: www.dol.gov
For free legal help, try:
- Legal Aid offices in your area
- Worker rights organizations
- Labor unions (if you belong to one)
- State bar association referral services
Closing Insights: Safeguarding Workplace Safety and Legal Protections
Your right to a safe workplace is worth fighting for. Don’t wait until someone gets hurt to speak up about safety violations. Remember:
- You have strong legal protections
- Your complaint can be confidential
- Acting early prevents accidents
- You’re protecting yourself and your coworkers
If you face pushback or aren’t sure what to do, get legal help. A safer workplace is worth the effort, and the law is on your side.
How long does OSHA typically take to respond to a complaint?
OSHA responds to imminent danger situations within 24 hours. For serious hazards, inspections usually occur within a few days to weeks. Lower priority complaints may be handled through phone/fax investigations, which typically start within 5 business days.
Can I file an OSHA complaint if I’m no longer employed at the company?
Yes. Former employees can file OSHA complaints about safety violations they witnessed while employed. There’s no requirement to be currently employed at the workplace when filing a complaint.
What happens if my employer fixes the violation before OSHA arrives?
OSHA may still inspect the workplace to verify the hazard has been properly addressed and to check for other violations. Documentation of the original hazard and how it was corrected should be maintained.
Can temporary workers file OSHA complaints?
Yes. Temporary workers have the same OSHA rights as permanent employees. Both the staffing agency and the host employer are responsible for providing a safe workplace.
Does OSHA protect remote workers?
Yes. OSHA standards apply to remote work environments, though enforcement is more limited. Employers must still provide safe working conditions and address known hazards, even for home-based workers.
What’s the difference between filing an OSHA complaint and a workers’ compensation claim?
OSHA complaints address workplace safety violations to prevent injuries. Workers’ compensation claims seek benefits after an injury has occurred. You can pursue both simultaneously if applicable.
Can I file an anonymous OSHA complaint?
Yes, but anonymous complaints may limit OSHA’s ability to conduct a thorough investigation. Confidential complaints (where OSHA knows your identity but doesn’t reveal it) often lead to better outcomes.
Are there time limits for filing an OSHA complaint?
For standard safety violations, there’s no strict time limit. However, whistleblower complaints must be filed within 30 days of the retaliatory action. Earlier reporting generally leads to more effective investigations.
What if my employer ignores an OSHA citation?
Employers who ignore citations face increasing fines and potential criminal penalties. OSHA can seek court orders to enforce compliance and may conduct follow-up inspections with additional penalties.
Can I refuse dangerous work while waiting for OSHA to respond?
You can refuse to perform dangerous work if you reasonably believe there’s an imminent danger of death or serious injury, you’ve reported it to your employer who failed to correct it, and there isn’t enough time to report to OSHA.