What Happens When You File an OSHA Complaint?

When you file an OSHA complaint, several steps are initiated to address the reported safety or health hazards in your workplace. Here’s an overview of the process:

Steps in the OSHA Complaint Process

1. Filing the Complaint

• You can file a complaint online, by phone, or in person. Safety and health complaints can be filed anonymously, but whistleblower complaints cannot.
• It’s advisable to gather evidence and details about the hazards before filing.

Pro Tips

📋 Employers and workers can use Inspection Checklist Templates to document workplace hazards before filing an OSHA complaint.

📑 Employers, on the other hand, can use Construction Daily Reports to document compliance efforts and inspections.

2. Evaluation

• OSHA evaluates the complaint to determine if there are reasonable grounds to believe a violation or hazard exists.
• They prioritize inspections based on factors like imminent danger, employee complaints, and referrals.

Pro Tip

📢 Workers filing complaints should also be aware of their state’s existing labor laws, like California Labor Laws, which outline employee protections and workplace safety rights.

3. Investigation

• If necessary, OSHA may conduct an on-site inspection or a phone/fax investigation.
• Workers can request an on-site inspection and participate confidentially.
• Employers must respond to allegations within five days.

4. Findings and Actions

• After the investigation, OSHA sends findings to the worker or their representative.
• If violations are found, OSHA issues citations, and employers must correct hazards and possibly pay fines.
• Employers must post citations at the workplace.

Pro Tip

📊 Employers managing OSHA compliance can benefit from Daily Report Templates to keep track of safety inspections and corrective actions.

5. Resolution or Appeal

• The employer may contest OSHA’s findings, leading to further legal proceedings.
• Otherwise, necessary improvements are made, and the case is resolved.

Key Points to Consider

✔ Confidentiality: Your identity can be kept confidential during the process, especially if you request an on-site inspection.
✔ Participation: Workers or their representatives have the right to accompany inspectors and participate in the process.
✔ Deadlines: Safety and health complaints should generally be filed within six months, while whistleblower complaints have varying deadlines depending on the statute.

References