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Filing a Complaint

Options
to file your safety and health complaint.

To file
a discrimination complaint.

When can
a complaint be filed.

Who can
complain.

What
information must the employee provide.

Examples
of specific questions for health hazards

How
federal OSHA responds to complaints.

En Español

The Occupational
Safety and Health Act of 1970 gives employees and their
representatives the right to file a complaint and request an OSHA
inspection of their workplace if they believe there is a serious hazard or
their employer is not following OSHA standards. Further, the Act gives
complainants the right to request that their names not be revealed to
their employers.

Complaints from employees and their representatives are
taken seriously by OSHA. It is against the law for an employer to fire,
demote, transfer, or discriminate in any way against a worker for filing a
complaint or using other OSHA rights.

OSHA will keep your information confidential. We can
help.

If you think your job is unsafe and you want to ask
for an inspection, contact us. It is confidential. If you have been fired,
demoted, transferred or discriminated against in any way for using your
rights under the law, you must file a complaint with OSHA within
30 days of the alleged discrimination.

Complaint Filing Options

You have these options to file your safety and health
complaint:

Online - Go to the Online Complaint
Form Written complaints that are signed by workers or their
representative and submitted to an OSHA Area or Regional office are more
likely to result in onsite OSHA inspections. Complaints received on line
from workers in OSHA-approved state plan states will be forwarded to the
appropriate state plan for response.

Download and Fax/Mail - Download the OSHA complaint form (or
request a copy from your local OSHA Regional or Area
Office), complete it and then fax or mail it back to your local OSHA
Regional or Area Office. Written complaints that are signed by a worker
or representative and submitted to the closest OSHA Area Office are more
likely to result in onsite OSHA inspections. Please include your name,
address and telephone number so we can contact you to follow up. This
information is confidential.

Telephone - your local OSHA Regional or Area
Office. OSHA staff can discuss your complaint and respond to any
questions you have. If there is an emergency or the hazard is
immediately life-threatening, call your local OSHA Regional or Area
Office or 1-800-321-OSHA.

To File your Discrimination Complaint

File a discrimination complaint if your employer
has punished you for using any employee rights established
under the OSH Act or for refusing to work
when faced with an imminent danger of death or serious injury and there is
insufficient time for OSHA to inspect. If you have been punished or
discriminated against for using your rights, you must file a complaint
with OSHA within 30 days of the alleged reprisal for most complaints. No
form is required, but you must call or file a letter with the OSHA Area
Office nearest you within 30 days of the alleged discrimination. In
states with approved state plans, employees may file a complaint with both
the State and Federal
OSHA.

When Can a Complaint Be Filed?*

OSHA recommends that employees try to resolve safety and
health issues first by reporting them to their supervisors, managers or
the safety and health committee. At any time, however, employees can
complain to their local OSHA Area or Regional
Office and ask for an inspection or an investigation. (Complaints to
federal OSHA from workers in states with OSHA-approved state plans will be
forwarded to the appropriate state plan for response.)

* Note: Discrimination complaints must be filed
within 30 days of the alleged
discrimination.

Who Can Complain?

Employees or their representatives have a right to
request an inspection of a workplace if they believe there is a violation
of a safety or health standard, or if there is any danger that threatens
physical harm, or if an "imminent danger"
exists. Employee representatives, for the purposes of filing a complaint,
are defined as any of the following:

An authorized representative of the employee bargaining unit, such
as a certified or recognized labor organization.

An attorney acting for an employee.

Any other person acting in a bona fide representative capacity,
including, but not limited to, members of the clergy, social workers,
spouses and other family members, and government officials or nonprofit
groups and organizations acting upon specific complaints and injuries
from individuals who are employees.

In addition, anyone who knows about a workplace safety
or health hazard may report unsafe conditions to OSHA, and OSHA will
investigate the concerns reported.

What Information Must the Employee Provide?

Employees or their representatives must provide enough
information for OSHA to determine that a hazard probably exists. Workers
do not have to know whether a specific OSHA standard has been violated in
order to file a complaint.

The following are examples of the type of
information that would be useful to OSHA when receiving a complaint. It is
not necessary to have the answers to all these questions in order to file
a complaint. The list is provided here as a guide to help you provide as
much complete and accurate information as possible:

How many employees work at the site and how many are exposed to the
hazard?

How and when are workers exposed?

What work is performed in the unsafe or unhealthful area?

What type of equipment is used? Is it in good condition?

What materials and/or chemicals are used?

Have employees been informed or trained regarding hazardous
conditions?

What process and/or operation is involved?

What kinds of work are done nearby?

How often and for how long do employees work at the task that leads
to their exposure?

How long (to your knowledge) has the condition existed?

Have any attempts been made to correct the problem?

On what shifts does the hazard exist?

Has anyone been injured or made ill as a result of this problem?

Have there been any "near-miss" incidents?

The following are some additional examples of specific questions for
health hazards:

Do any employees have any symptoms that they think are caused by the
hazardous condition or substance?

Have any employees been treated by a doctor for a work-related
disease or condition? What was it?

How does federal OSHA Respond to Complaints?

See Chapter 9 of the Field Operations Manual,
available in PDF.

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Contact Us

U.S. Department of Labor  |  Occupational Safety
& Health Administration  |  200 Constitution Ave., NW, Washington,
DC 20210
Telephone: 800-321-OSHA (6742)  |  TTY: 877-889-5627
http://www.osha.gov/