Understanding OSHA Complaints: Your Rights in the Workplace

Filing a complaint with the Occupational Safety and Health Administration (OSHA) is an important right for workers who believe their workplace is unsafe or unhealthy. This article will explain when and how to file complaints with OSHA in simple terms.

When Should You File a Complaint with OSHA?

You should file a complaint with OSHA when:

• You believe there's a serious safety hazard at your workplace
• Your employer isn't following OSHA standards
• You've told your employer about the problem, but they haven't fixed it
• You're worried someone might get hurt or sick

Health and Safety Complaints vs. Whistleblower Complaints

There are two main types of OSHA complaints:

Health and Safety Complaints are about unsafe or unhealthy conditions in your workplace, such as:

• Missing safety guards on machines
• No fall protection when working at heights
• Exposure to harmful chemicals without proper protection
• Inadequate emergency exits
• No training on job hazards

Whistleblower Complaints are filed when your employer punishes you for reporting safety problems, such as:

• Being fired or laid off
• Getting demoted or denied a promotion
• Having your hours or pay cut
• Being threatened or harassed
• Being isolated from other workers

The main difference: Health and safety complaints are about workplace conditions, while whistleblower complaints are about employer retaliation after you've reported safety issues or exercised other rights.

How to File a Health and Safety Complaint

Step 1: Try to resolve the issue with your employer first

• Talk to your supervisor about the hazard
• If that doesn't work, contact your workplace safety committee or union representative (if you have one)

Step 2: Gather information

• Write down details about the hazard (what, where, when)
• Take photos if it's safe to do so
• Note if other workers are also at risk

Step 3: File your complaint You can file a complaint in several ways:

• Online
• Call: OSHA Primary Line or State Office
• Fax or mail: Send a completed complaint form to your local OSHA office
• In person: Visit your local OSHA office

When filing, you can choose to:

• Keep your name confidential (OSHA won't tell your employer who complained)
• Sign your complaint (which allows OSHA to conduct an inspection)

How to File a Whistleblower Complaint

If you've been punished for reporting safety issues:

• File within 30 days of the retaliation
• Contact OSHA by phone, online, or at your local office
• Explain what happened, when it happened, and why you believe it was retaliation

What Happens After You File a Complaint

For Health and Safety Complaints:

1. OSHA reviews your complaint
2. For serious hazards with a signed complaint, OSHA may inspect your workplace in person
3. For less serious hazards, OSHA may call or fax your employer and ask them to investigate and fix the problem
4. Your employer must post any citations where workers can see them
5. OSHA will contact you about the results

For Whistleblower Complaints:

1. OSHA interviews you about your complaint
2. If OSHA believes you may have been retaliated against, they will investigate
3. OSHA will contact your employer for their side of the story
4. If OSHA finds retaliation, they can order your employer to give you your job back, pay lost wages, and stop the retaliation
5. If OSHA doesn't find retaliation, you can request a review of their decision

Your Rights During This Process

Remember:

• It's illegal for your employer to fire or punish you for filing a complaint
• You have the right to a safe workplace
• You can request an inspection if you believe there's a serious hazard
• You can participate in the inspection process
• You can contest deadlines for fixing hazards if you think they're too long

Your safety matters. If you're unsure about filing a complaint, you can always call OSHA for guidance without giving your name. They're there to help protect you.