The federal Occupational Safety and Health Act gives employees the right to file a complaint and request a workplace inspection if they believe there is a serious hazard or that their employer is not following an OSHA standard. The process is confidential and it is a legal violation for a company to demote, fire, transfer or otherwise discriminate against a worker for filing an OSHA complaint.
Who Can Complain
Employees or their representatives can file an OSHA complaint if they believe a safety or health standard has been violated or if they feel a workplace danger is a threat to physical harm. Employee representatives are defined as:
- Individuals authorized by an employee bargaining unit.
- An attorney acting for an employee.
- Other persons acting in a bona fide representative capacity, such as clergy members, social workers or family members.
In addition, anyone who knows about a workplace safety or health hazard may report unsafe conditions to OSHA.
How to File a Complaint
The following methods may be used to file an OSHA complaint:
- Online: Go to Complaint Form.
- Via mail or fax: Download the OSHA complaint form or request a copy from your OSHA area or regional office. Once you’ve completed it, fax or mail it back. Include your name, address and telephone number so OSHA can contact you to follow up.
- By phone: Call your OSHA area or regional office, where staff will discuss your complaint with you and respond to any questions you may have.
- In an emergency situation: If a hazard is urgent or life-threatening, call your area or regional office or dial 1-800-321-OSHA.
Enough information must be provided for OSHA to determine that a hazard likely exists. Some examples of information that may prove useful include:
- How many employees work at the site and how many could be exposed to the hazard?
- How and when are workers exposed?
- What work is performed in the unsafe area?
- What type of equipment is used? Is it in good condition?
- What materials and/or chemicals are used?
- Have employees been informed and trained regarding hazardous conditions?
- What process and/or operation is involved?
- What kinds of work are done nearby?
- How often and for how long do employees work at tasks that may lead to exposure?
- How long has the condition existed?
- Have any attempts been made to correct the problem?
- On what shifts does the hazard exist?
- Has anyone been injured or made ill as a result of this problem?
- Have there been any “near-miss” incidents?
Discrimination Complaints
If you feel you have been punished or discriminated against for exercising your rights under the OSH Act, you must file a complaint with within 30 days of the alleged occurrence. Use the same methods as you would when reporting a hazard or violation.
The safety and HR experts at Premium Staffing Inc. can answer your questions and provide resources and expertise to address your ongoing OSHA concerns and priorities. To build and develop your industry-leading workforce, policies and practices, read our OSHA related blog posts or contact our team of experienced recruiters today.