How to Report OSHA Violations
OSHA complaints are an important way that the agency learns about potential safety and health violations in the workplace. Spreading awareness of this process (and the other employee rights OSHA guarantees) is an important part of the OSHA 10 and OSHA 30 training we provide.
In this comprehensive guide, we’ll explain the reporting process, along with what happens next and how OSHA protects you from retaliation.
How to Report an OSHA Violation
If an employee thinks there is a major safety or health hazard at work or that their employer is not following OSHA guidelines, they can file a complaint and request an investigation.
Where Do I Send OSHA Complaints?
There are a few ways you can report an OSHA violation if you think the working conditions are unhealthy or dangerous.
Emergency OSHA complaints should be reported immediately to trigger an Imminent Danger Inspection. If you believe the situation is imminently life-threatening, call 1-800-321-OSHA (6742).
Non-emergency OSHA complaints can be submitted:
- Online
- By mail or fax
- By phone at 1-800-321-OSHA (6742)
- In person at your local OSHA location
OSHA has a separate whistleblower complaints system that we’ll dig into later when we explore OSHA’s workplace retaliation protections.
What Information Do I Need For OSHA Complaints?
OSHA wants to make the complaint process as simple as possible, so you don’t need to provide evidence or cite specific standards when you submit a complaint.
You just need to describe the safety hazard as you understand it, as well as its location.
Will My Employer Know Who Complained?
OSHA gives you a right to confidentiality when you submit regular OSHA complaints. There’s even a spot where you can ask them not to reveal your name to your employer when you file online.
That said, you have a right to raise safety and health concerns in your workplace without fear of retaliation or discrimination. If your employer does learn it was you and reacts negatively, you can report it through the OSHA whistleblower system.
When Should I Report an OSHA Violation?
As soon as you notice one. Ideally, you’d go to your employer with the problem first to come up with a solution, but OSHA doesn’t require it.
It’s important to avoid delays in reporting because OSHA can only issue citations “for violations that currently exist or existed in the past 6 months.” If you wait too long, there will be no consequences.
What Happens After OSHA Complaints Are Submitted?
By submitting an OSHA complaint, you are asking the agency to investigate any potential hazards or OSHA standards that your employer may not be upholding. There are a few ways the investigation can play out.
A Phone/Fax Investigation
In most cases, a phone/fax investigation is the first step that OSHA takes after they receive a complaint.
Phone/fax investigations are an efficient way to handle OSHA compliance issues where the employer is cooperative once notified of a problem. Essentially, OSHA corresponds with the employer about the alleged hazards, and employers must respond with the corrective actions they’ve taken or plan to take.
As long as the employer is adequately responsive, OSHA won’t escalate to an on-site visit. Instead, they’ll continue to communicate with the employer until the violation or hazard is resolved.
An On-Site Investigation
When a complaint involves imminent danger, an unresponsive employer, or an employer who has had serious infractions in the past, OSHA will conduct an on-site visit.
One of the employee rights OSHA guarantees is the right to speak to the OSHA inspector privately and take part in the inspection, either directly or through a representative.
Issuing Citations
If OSHA finds any infractions in the course of an investigation or inspection, they’ll issue one or more citations.
If they receive a citation, your employer will be forced to post a copy of the OSHA Notice near the place where the violation occurred, and OSHA will assign a deadline for fixing the hazard or violation. OSHA will follow up to ensure the issue is handled on time.
In addition to announcing and correcting the problem, citations may result in penalties for your employer. The most common penalty is a fine. The size of the penalty will be determined by the seriousness of the infraction(s), but OSHA will also take into account your employer’s safety record and attitude.
In extreme circumstances, OSHA violations can become criminal offenses that come with the risk of imprisonment.
OSHA Whistleblower and Workplace Retaliation Protections
If you’re looking into OSHA complaints on the internet, you’re undoubtedly wondering things like, “Can my employer fire me for filing an OSHA complaint?” and “what to do if I’m fired for reporting a workplace safety violation.”
OSHA is very aware that these questions could prevent you from reporting a problem, which is why they protect people who speak up about safety and health violations against retaliation.
Employee Protections Under OSHA’s Whistleblower Laws
OSHA’s whistleblower protections don’t just protect you from wrongful termination. Under the Occupational Safety and Health Act that founded OSHA, employers are prohibited from terminating, demoting, transferring, or treating a worker unfairly in any form because the worker filed a complaint or exercised any other OSHA right.
If an employer does retaliate, you have the right to file an OSHA whistleblower complaint. OSHA will investigate, review evidence, interview witnesses, and talk to your employer. If the retaliation claim is sufficiently proven, OSHA can require the employer to restore your job and benefits, pay lost earnings, and grant other appropriate relief.
Examples of Retaliation Prohibited By OSHA
OSHA recognizes any of these actions as potential retaliation:
- Firing or laying off
- Demoting
- Denying overtime or promotion
- Disciplining
- Denying benefits
- Failing to hire or rehire
- Intimidation or harassment
- Making threats
- Reassignment to a less desirable position or affecting promotion prospects
- Reducing pay or hours
- More subtle actions, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance
- Blacklisting (intentionally interfering with an employee’s ability to obtain future employment)
- Constructive discharge (quitting when an employer makes working conditions intolerable due to the employee’s protected activity)
- Reporting the employee to the police or immigration authorities
How To File A Retaliation Complaint With OSHA
If you believe you’ve been discriminated against by an employer for exercising the employee rights OSHA grants you, it’s important to report it right away.
You have significantly less time to report a workplace retaliation complaint than a safety or health complaint – just 30 days from the time of the alleged infraction.
OSHA whistleblower or workplace retaliation complaints can be submitted:
- Online
- By contacting your regional OSHA office by:
- Mail, fax, or email
- Phone
- Visiting in person
By their nature, whistleblower complaints can’t be confidential the way safety and health complaints can. Your employer will know that you are at the heart of the investigation, but if they’ve already retaliated against you, this is your path to justice.
Learn More About OSHA Online
Education is an important part of OSHA’s mandate because it can only help people who understand their rights and the standards that protect them.
Your employer is responsible for providing OSHA training for general awareness and for any hazard that you may be exposed to in the course of your duties, but if you want to learn more about OSHA independently, you can take an OSHA 10 or OSHA 30 course designed to introduce you to what OSHA is and the workers’ rights you’re entitled to.
Need state-specific training? We offer CAL/OSHA and NYC SST training as well as Spanish-language options to ensure every worker gets the safety training they deserve.
As an OSHA-approved online training provider with over 20 years of experience, we can provide the training you need with easy-to-understand, engaging online courses. You’ll be able to work through the material at your own pace from any device with an internet connection, including your smartphone!
