What Can Employees Do to Report OSHA Violations?
Before the Occupational Safety and Health Administration was created in 1971 by the U.S. Department of Labor, there were an estimated 14,000 workers killed on the job yearly. As of 2009, there were only 4,340, with many more employees in the workforce. Whistle-blowing on unsafe, hazardous working conditions through OSHA has likely contributed to this dramatic decline. Contacting OSHA is easy, and you have more than one option for doing so.
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Potential Violations
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Any work function that can lead to "imminent danger" can be filed as a violation with OSHA. Common violations include unsafe ladders or scaffolding, fall hazards, fire hazards, electrical hazards and machinery malfunction or poor construction. Hazardous chemicals or substances can also lead to violations. Another form of violation is being retaliated against for filing a complaint. If you have a doubt as to whether there may be a violation, start by discussing the matter and sharing your concerns with your employer, if possible.
Document Violations
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If you believe your employer is creating an unsafe work environment and will not help resolve the matter, document the conditions carefully. Be certain the action is a clear violation of the OSHA standard by reading the required OSHA poster hanging in your employer's break room or commons area, or by contacting OSHA. Document any accidents or near accidents in as much detail as you can. Unless you feel your life or health is threatened, you have tried to resolve the matter with your employer and harm may be imminent, you should continue to work, as you may not be protected if you stop working prior to the complaint.
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Contact Your OSHA Regional Office
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If your OSHA rights have been violated, begin by attempting to call your local regional field office within 30 days of the violation or retaliation. For a list of these offices, go to OSHA.gov. Some complaints can be filed over the phone, while others must be done in writing using an online complaint form. If you are required to mail documentation or complaint forms, the postmark date of your letter is considered the date you have officially filed the complaint for legal purposes. You can also hand deliver or fax your complaint to a regional office, and the dates of each will be considered the filing date.
Retaliation
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If you are retaliated against for filing your original OSHA violation, you can also file a complaint about this behavior with your regional office within 30 days of the violation. These violations include dismissal, demoting, denying overtime, harassment and other similar offenses. This office may also direct you to the national office with the U.S. Department of Labor.
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References
- U.S. Department of Labor: How to File a Complaint with OSHA
- U.S. Department of Labor: OSH Act, OSHA Standards, Inspections, Citations and Penalties
- U.S. Department of Labor: Most Frequently Cited Standards
- U.S. Department of Labor: Your Rights as a Whistleblower
- U.S. Department of Labor: Timeline of OSHA's 40 Year History
Resources
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