How to Respond to an OSHA Complaint
The Occupational Safety and Health Act (OSHA) contains various safety regulations such as medical and first aid, fire protection, walking-working surfaces, hazardous materials, personal protective equipment, powered industrial trucks and occupational noise exposure. Employers and employees have rights and responsibilities under OSHA. Learn what to do if an employee exercises his right to file a complaint.
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Instructions
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Understand employee rights. Employees have the right to file a complaint with OSHA when they identify a workplace hazard that violates OSHA standards or believe they have been discriminated against for safety reasons. The complaint must include detailed information about the issue. OSHA accepts complaints by mail, fax and online. Employees may request to keep their name confidential from the employer.
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Learn the OSHA complaint process. When OSHA receives an employee complaint it conducts an off-site investigation or on-site inspection at the workplace. The method is based on the severity of the complaint and various inspection criteria. Visit the OSHA website to review the criteria that warrant an on-site inspection.
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Know the company's responsibilities. When OSHA conducts an off-site investigation, the company must send a written response to the complaint within five days that describes any identified hazards and corrective action. If OSHA deems that the response is sufficient, the complaint is closed and OSHA notifies the employee. When OSHA conducts an on-site inspection, a representative arrives unannounced. Allow the inspector to enter and ask to see identification. Accompany the inspector as he or she takes notes and photos. After the walk through, the inspector provides an evaluation.
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Cooperate with OSHA during a complaint investigation. Cooperation shows the company's good faith in providing a safe workplace. Grant access to the premises and complete any required corrective action in a timely manner. When faced with a serious complaint, consider obtaining legal counsel.
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Tips & Warnings
If your company does not have a safety specialist, seek education on OSHA and workers' compensation regulations. Read the employer compliance tools on the OSHA website, attend safety seminars or hire a consultant.
Be proactive. Implement systems and procedures to create a safe workplace before OSHA knocks on your door. The fines for OSHA violations can be costly, especially when OSHA identifies a "willful violation."
Prepare for an OSHA inspection by reading the OSHA publication "Employer Rights and Responsibilities Following an OSHA inspection." This publication is available on the OSHA website.
Create an open door policy that encourages employee-management communication. Follow up on safety issues in a timely manner. Employees are less likely to file an OSHA complaint when they feel that management addresses their concerns.
Don't delay in responding to OSHA requests. It only makes the situation worse.
When an OSHA representative conducts an on-site inspection, she typically limits the inspection to the hazard in the complaint. However, if the inspector sees additional hazards, she can issue a citation.
