The Occupational Safety and Health Administration (OSHA) is a federal agency responsible for ensuring safe and healthful working conditions for employees in the United States.
When you feel that OSHA standards are being violated in your workplace and your safety is being put at risk, you must file a complaint and call attention to the problem.
From their digital platform, you will find all the phone numbers you need and the form you need to fill out with the complaint you wish to make about the working conditions you wish to report. It is the best way to ensure that all companies, companies, and small businesses will act under the necessary safety care.
Procedure for Filing an OSHA Complaint
Before filing a complaint, you must be absolutely sure that the situation is in violation of the basic regulations. If you have already filed the complaint with the company authority and it still goes unheard, you need to proceed with the OSHA complaint.
Once you have identified the appropriate OSHA office, it is time to file a complaint. You have two options for filing a complaint: online or by phone. To file a complaint online, you must log on to OSHA’s website and fill out the complaint form.
From the home page, you will find the option “file a complaint,” you must choose the reasons for the complaint to access the appropriate form depending on what you want to complain about. Follow the steps indicated and fill in all the information requested.
If you prefer to file by phone, call OSHA’s helpline at 1 – 800 – 321 – 6742 and provide the necessary information. When filing the complaint, be as specific as possible and include details about the evidence of the violation you have gathered and the injured or affected employees.
Keep track of the case.
After filing the complaint, OSHA will review the information and decide whether to conduct an investigation. It is crucial to follow up with OSHA to make sure the complaint is taken seriously.
You can contact the regional office where you filed the complaint and request an update on the status of the case.
If OSHA decides to investigate the reported violation, it is essential to cooperate fully with the investigation. This includes providing any additional evidence or information they request and being available for interviews if necessary. Cooperating with OSHA will help them build a stronger case and increase the chances of resolving the violation.
Know all of your rights during the investigation.
During the investigation, OSHA will conduct interviews, inspect the workplace, and review any additional evidence. As a complaining employee, you must know your rights during this process.
You are entitled to accompany the OSHA inspector during the workplace review, and you may request that your identity be kept confidential.
Throughout the investigation, be sure to stay informed of its progress. OSHA must keep you apprised of any significant findings or actions taken.
If you believe OSHA is not adequately addressing the violation or if you face any form of employer retaliation, consider seeking legal advice from an attorney specializing in workplace safety law.
Once the investigation is complete, OSHA will issue citations and penalties if they find the employer in violation of OSHA standards. Stay up to date on the corrective action the employer is required to take to address the violation. If corrective action is not implemented, contact OSHA again to report the noncompliance.
What are the OSHA standards?
Before pursuing any complaint, you need to be aware of the OSHA standards and whether your application falls under any of them.
Regardless of which category you fall into, there are general rules that everyone must comply with to avoid penalties or employee complaints. Failure to comply with any of them could result in action and penalties:
- Employees, representatives, and OSHA must have access to medical records of exposure
- Everyone must have the essential personal protective equipment to prevent accidents during work. Such equipment must be paid for by employers, and workers must be provided with the necessary training to use it
- When employees handle hazardous materials, they must be notified, and it is the employer’s responsibility to assess the health hazards to which they will be exposed
Although OSHA laws protect almost all employees in the country through federal and sometimes state laws, there are some occupations or professionals that are not part of them. Among these are:
- Self-employed workers
- Farms where employees are immediate family members
- Workplaces where other federal laws require employee safety, including mining, much of the transportation and nuclear power industries, as well as weapons factories
- State and local government workers who are not in a state plan approved by the Occupational Safety and Health Administration
The time to report should be after you have made your supervisor or manager of the area where you work aware of the problem, as this is the quickest and most effective way to avoid the hazards you witness. However, if you do not have good results, it is time to file a complaint with OSHA.
You should also know that you can file your complaint in case of discrimination of any kind; these situations also endanger the integrity and mental health of employees or applicants.
References
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“File a Complaint.” OSHA, https://www.osha.gov/workers/file-complaint
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“Frequently Asked Questions – United States Department of Labor.” Redirect, https://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=259
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“Occupational Safety and Health Administration.” Occupational Safety and Health Administration, https://www.osha.gov/laws-%20regs/regulations/standardnumber/1904/1904.39#:~:text=By%20telephone%20or%20in%20person,the%20site%20of%20the%20incident.&text=By%20telephone%20to%20the%20OSHA,800-321-6742).&text=By%20electronic%20submission%20using%20the,at%2
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“OSHA ONLINE WHISTLEBLOWER COMPLAINT FORM.” OSHA, https://www.osha.gov/whistleblower/WBComplaint
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Writer, Staff. “How To Report Labor Violations | OSHA Education Center.” OSHA 10 & 30 Hour Online Training Courses | OSHA Education Center, https://www.oshaeducationcenter.com/articles/reporting-labor-violations/