Every worker has the right to a workplace free from recognized hazards that could cause serious injury or death. The Occupational Safety and Health Act gives workers the legal right to report workplace safety hazards to the Occupational Safety and Health Administration without fear of retaliation. Understanding how to file an OSHA complaint, what information OSHA needs, how OSHA investigates complaints, and what protections exist for workers who file complaints is essential knowledge for any worker facing unsafe working conditions.
Many workers don't file OSHA complaints because they're uncertain about the process, worried about retaliation from their employer, or don't know that OSHA exists or has authority to investigate workplace hazards. Lack of knowledge about the complaint process means serious workplace hazards go unreported and uncorrected, allowing injuries to occur that could have been prevented. Understanding your rights and how to use them effectively protects your health and creates accountability for employers to maintain safe workplaces.
Understanding Your Right to File an OSHA Complaint
The Occupational Safety and Health Act of 1970 established the right of workers to report workplace safety hazards to OSHA without fear of retaliation. This right applies to all workers regardless of immigration status, employment status (full-time, part-time, temporary), or union membership. Contractors and temporary workers have the same rights as permanent employees.
OSHA's authority extends to most private employers with one or more employees. Public sector employers in most states are covered by their own state occupational safety plans. Federal employees are covered by OSHA's federal employee program. The right to file a complaint is universal across covered workplaces.
You do not have to exhaust internal complaint procedures before filing an OSHA complaint. You do not have to request that your employer correct hazards before reporting to OSHA. While some workers choose to report hazards to their employer first, you have the right to go directly to OSHA. This right to bypass internal procedures exists because employers might retaliate against workers who report hazards internally, or might not adequately address reported hazards.
The OSHA Whistleblower Protection Program protects workers from retaliation for reporting safety hazards. Retaliation for filing OSHA complaints, participating in OSHA investigations, refusing to work in hazardous conditions, or reporting safety violations is illegal. If you experience retaliation for filing a complaint, you can file an additional complaint alleging retaliation.
Deciding Whether to File an OSHA Complaint
Before filing an OSHA complaint, consider whether you want to report the hazard anonymously or whether you're willing to be identified. OSHA can investigate complaints filed anonymously, though investigations may be less thorough without direct access to the complaining worker. OSHA can also investigate complaints where the worker requests that their name not be provided to the employer, though this may limit investigation scope.
Consider whether you want to attempt to resolve the hazard internally before filing an OSHA complaint. Some workers choose to report hazards to supervisors or safety departments first, giving the employer opportunity to correct the hazard. If internal reporting doesn't result in corrective action, then filing an OSHA complaint is appropriate. Other workers skip internal reporting and go directly to OSHA because they distrust whether internal reporting will be effective or fear retaliation.
Consider the severity of the hazard. Serious hazards creating immediate injury risk warrant urgent OSHA complaint. Minor concerns that don't create immediate risk might warrant internal reporting first or might not warrant complaint if they're being addressed.
Consider whether you have documentation or evidence of the hazard. Photos, incident reports, communications about the hazard, or documentation that you reported the hazard internally all strengthen OSHA complaints. Complaints supported by documentation are investigated more thoroughly than complaints lacking supporting information.
Consider your employment situation and comfort level with the complaint process. While OSHA prohibits retaliation, retaliation can still occur and might be difficult to prove. Consider whether you're comfortable with potential employment consequences, even though such consequences are illegal.
How to File an OSHA Complaint
OSHA complaints can be filed in multiple ways. The most common method is filing online through OSHA's website at www.osha.gov. The online complaint form allows you to provide detailed information about the hazard, the employer, the location, and your contact information. Online filing is convenient and creates a permanent written record.
Complaints can also be filed by telephone by calling OSHA's local office. To find your local OSHA office, visit www.osha.gov and search for your state. Speaking with an OSHA representative by phone allows clarification of information and answers to questions about the complaint process.
Complaints can be filed in person by visiting an OSHA office. This method allows face-to-face discussion with an OSHA representative and is useful if you have complex information to convey or need to discuss concerns about safety.
Complaints can be filed by mail by sending written correspondence to your local OSHA office. Mail complaints should include all relevant information about the hazard, the employer, and your contact information.
Federal employees file complaints through their agency's occupational safety and health representative rather than through OSHA directly. State employees in states with their own occupational safety plans file through the state agency rather than federal OSHA.
Information OSHA Needs in Your Complaint
OSHA needs specific information to investigate complaints effectively. Your complaint should include the employer's name and address. OSHA uses this information to locate the employer and conduct the investigation. If the employer operates multiple locations, specify the exact location where the hazard exists.
Describe the hazard in detail. Rather than saying "unsafe conditions," explain specifically what makes the workplace unsafe. For example, instead of "fall hazard," explain "workers in the roofing department work on a flat roof without guardrails, safety nets, or personal fall arrest systems, despite working at heights exceeding six feet." Specific descriptions allow OSHA to understand what hazard exists and which regulations might apply.
Explain why you believe the hazard violates OSHA regulations. If you know a specific OSHA standard that applies, mention it. For example, "This violates 29 CFR 1926.502 which requires fall protection for workers at heights exceeding six feet." If you don't know the specific regulation, simply explain that you believe the condition creates a hazard and should not be allowed.
Provide information about any incidents or near-misses resulting from the hazard. If workers have been injured, explain what happened. If near-misses have occurred, explain how injuries were narrowly avoided. This information helps OSHA understand the severity of the hazard.
Explain whether the hazard is ongoing or was a one-time occurrence. Ongoing hazards require immediate investigation. One-time occurrences that have been corrected might not warrant investigation.
Provide your contact information if you want OSHA to contact you. If you file anonymously, you won't receive updates about the investigation, but OSHA will still investigate. If you provide contact information, OSHA can ask clarifying questions and can inform you about investigation results.
What Happens After You File a Complaint
After OSHA receives your complaint, an OSHA compliance officer reviews the information to determine whether an investigation is warranted. Not all complaints result in inspections. OSHA prioritizes complaints involving serious hazards, imminent danger, or catastrophic events. Complaints about minor issues might not result in immediate inspection, but OSHA will maintain records of the complaint.
If OSHA decides to investigate, a compliance officer will contact the employer to schedule an inspection. OSHA provides employers with notice of the inspection, though in cases of imminent danger, OSHA might conduct unannounced inspections. During the inspection, the compliance officer examines the workplace, interviews workers and management, reviews safety records and documentation, and determines whether OSHA standards are being violated.
As the worker who filed the complaint, you may be interviewed by the compliance officer. You can provide additional information about the hazard, about incidents resulting from the hazard, and about any retaliation you've experienced for reporting the hazard. You can also request to participate in a walk-around inspection where you accompany the compliance officer during the inspection.
If violations are found, OSHA issues citations to the employer specifying the violated regulations and proposing penalties. The employer has the right to contest citations through an appeals process. OSHA will notify you of citations issued and of any penalties proposed.
The investigation process typically takes several weeks to several months depending on complexity. You should not expect immediate corrective action, though serious hazards creating imminent danger might be corrected quickly.
Protection Against Retaliation
The OSHA Whistleblower Protection Program protects workers from retaliation for reporting safety hazards. Retaliation is illegal and includes firing, demotion, reduction in pay, threats, harassment, or any other adverse employment action taken because you reported a safety hazard.
If you experience retaliation after filing an OSHA complaint, you can file a whistleblower retaliation complaint with OSHA. Retaliation complaints must be filed within 30 days of the retaliatory action. Documentation of the adverse employment action strengthens retaliation complaints.
Examples of illegal retaliation include firing a worker who files an OSHA complaint, reducing hours of a worker who reported a hazard, transferring a worker to undesirable assignments because they reported safety concerns, or harassment from supervisors because of safety reporting.
Some adverse employment actions might appear to be retaliation but could have legitimate explanations. For example, an employee fired shortly after filing an OSHA complaint might have been fired for performance reasons unrelated to the complaint. However, if the timing is suspicious and other factors suggest the firing was motivated by the complaint, retaliation can be difficult to prove.
To protect yourself against retaliation, document your complaint and any adverse employment actions that follow. Keep records of communications about the hazard, about the complaint, and about any employment changes. If retaliation occurs, report it to OSHA immediately.
Filing Anonymous Complaints
OSHA allows workers to file complaints anonymously, meaning OSHA will not disclose your name to the employer. Anonymous complaints still result in investigations, though investigation scope might be more limited without direct access to the complaining worker.
Anonymous complaints protect worker identity when retaliation risk is high or when the worker is concerned about privacy. However, anonymous complaints limit OSHA's ability to contact you for clarification or updates about the investigation.
If you file an anonymous complaint but later want OSHA to contact you, you can provide contact information in a follow-up communication. OSHA can then update you on investigation progress.
Working with an Attorney on OSHA Complaints
Workers have the right to have an attorney represent them in OSHA matters. An attorney can help file complaints, can participate in investigations, can appeal adverse OSHA decisions, and can represent you in retaliation complaints.
Attorney representation is particularly valuable in complex situations or when retaliation is likely. An attorney experienced in occupational safety can assess whether the hazard violates OSHA standards and can help present the strongest possible complaint to OSHA.
Some workers consult with attorneys after experiencing retaliation for safety reporting. An attorney can help file retaliation complaints and can advise on legal options.
Many attorneys work on contingency for retaliation cases, meaning they are paid from settlements or awards rather than charging upfront fees. This makes legal representation accessible even for workers with limited resources.
State Occupational Safety Plans
Some states operate their own occupational safety plans approved by OSHA. These state plans set their own standards that are at least as stringent as federal OSHA standards. Workers in state plan states file complaints with the state agency rather than federal OSHA.
State plan states include California, Connecticut, Illinois, New Jersey, New York, Virgin Islands, and the federal employees program. In these states, worker rights and complaint procedures are similar to federal OSHA, but the investigating agency is the state occupational safety authority.
To determine whether your state has its own occupational safety plan, visit www.osha.gov and search for your state.
Frequently Asked Questions About Filing OSHA Complaints
Can I get in trouble for filing an OSHA complaint or will my employer find out who complained?
No, you cannot get in trouble for filing an OSHA complaint. The OSHA Whistleblower Protection Program specifically protects workers from retaliation for reporting safety hazards. Retaliation is illegal and can result in significant penalties for employers.
Your employer might suspect who filed the complaint based on circumstantial factors, but OSHA does not directly identify complainants. You can request that your name not be provided to the employer, and OSHA will honor this request. This protects your identity even if the employer suspects who complained.
If your employer retaliates against you for filing a complaint, you can file an additional complaint alleging retaliation. Document any adverse employment actions, as documentation strengthens retaliation complaints.
How long does an OSHA investigation take after I file a complaint?
OSHA investigations typically take several weeks to several months depending on investigation complexity. Simple investigations might be completed in a few weeks. Complex investigations involving multiple violations or expert analysis might take several months.
OSHA prioritizes serious hazards and complaints involving imminent danger, so these investigations might proceed more quickly. Complaints about minor issues might be delayed while OSHA focuses on more serious matters.
You should not expect immediate investigation or corrective action. Filing a complaint starts a process that takes time. However, if a hazard creates imminent danger (immediate risk of serious injury or death), OSHA might conduct expedited investigation and might order immediate corrective action.
What if I file an OSHA complaint but nothing happens and the hazard isn't corrected?
If OSHA investigates and finds violations, citations will be issued and the employer will be required to correct violations. However, if OSHA investigates and finds no violations, or if OSHA determines the complaint doesn't warrant investigation, no citations will be issued.
If you believe OSHA's decision is wrong, you can request reconsideration of the complaint. You can also contact OSHA to understand why investigation wasn't conducted or why violations weren't found.
If OSHA found violations and the employer doesn't correct them, you can file a follow-up complaint. Failure to correct previously cited violations can result in failure-to-abate citations with increased penalties.
Can I file an OSHA complaint if I'm concerned about my job security?
Yes, you can file an OSHA complaint confidentially without your employer knowing you filed it. Provide your contact information to OSHA but request that your name not be disclosed to the employer. OSHA will honor this request.
Confidential filing protects your job security while still allowing OSHA to investigate the hazard. However, investigation scope might be more limited without direct access to you as a witness.
If your employer retaliates despite confidential filing, you can file a retaliation complaint. Document any adverse employment actions and report them to OSHA immediately.
What should I do if I'm injured as a result of the hazard I reported?
If you're injured at work, report the injury to your employer as required. Seek medical treatment immediately for any injuries. Report the injury to your state's workers' compensation agency as required.
You can file an OSHA complaint about the hazard that caused the injury. Information about the injury strengthens the complaint by demonstrating that the hazard actually caused harm, not just potential harm.
You might also have the right to file a workers' compensation claim and potentially a civil lawsuit depending on your state's laws. Consult with an attorney to understand your rights.
Can I file an OSHA complaint about my state or local government employer
Federal employees can file complaints through their agency's occupational safety program. State and local government employees can file through their state's occupational safety plan if the state has one. Some state and local employees are not covered by OSHA or state plans and might have limited remedies for unsafe conditions.
Contact your state's occupational safety plan to determine whether your employer is covered and how to file complaints.
What if the hazard has already been corrected before OSHA investigates?
If the hazard has been corrected before OSHA investigates, OSHA might still investigate to verify that correction is genuine and complete. OSHA might also investigate to determine what caused the hazard to exist in the first place and to assess whether systemic problems exist that could lead to similar hazards in the future.
Even if the hazard has been corrected, your complaint serves a purpose by creating a record that the employer failed to maintain safe conditions. If similar violations occur in the future, this record demonstrates a pattern of violations, which can result in increased penalties.
Can I file an OSHA complaint about hazards affecting the public, not just workers?
OSHA's authority is limited to occupational safety and health of workers. OSHA does not have authority to investigate public safety hazards that don't affect workers. If you're concerned about public safety hazards unrelated to workers, contact your state or local environmental or health agency.
Some hazards might affect both workers and the public. For example, a chemical leak might expose both workers and nearby residents. In such cases, OSHA can investigate the worker exposure aspects, while environmental agencies might investigate public exposure.
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