Complaints may be filed to OSHA in regards to:
- Unsafe or unhealthful work conditions
- Unfollowed OSHA standards
- Retaliation
- And, discrimination
Employees have the right to submit a confidential complaint and request an OSHA inspection if they have reasonable suspicion that any of the issues listed above have occurred in the workplace.
Note: A signed complaint is more likely to result in an onsite inspection. However, you may request that OSHA keeps your complaint anonymous, but this is not guaranteed.
OSHA is legally bound to protect the identity of someone who filed a complaint. However, this may not be an option if a complaint needs further investigation. In addition, a whistleblower complaint cannot be filed anonymously.
A complaint should be filed within 30 days of the adverse action.
Example: Your employer retaliates against you for exercising your Stop Work Authority right due to an unsafe working condition, you have 30 days after this incident to file your complaint.
Under certain, extenuating circumstances, OSHA may accept a complaint filed after the deadline has expired.
Filing A Complaint
2 types of complaints may be filed: a safety and health complaint and a whistleblower complaint.
You can file a safety and health complaint in 4 ways. You can:
- Submit your complaint online to OSHA
- Fax, mail, or email an OSHA complaint form or send a letter to OSHA that describes your complaint; you can fax, email, or mail in this complaint to your local OSHA office
- Call your local OSHA office or call 800-321-6742 where the OSHA staff can discuss your complaint with you
- And, visit your local OSHA office and discuss the complaint with an OSHA staff member in person
When filing a whistleblower complaint, you must remember that you have the right to file a whistleblower complaint with OSHA if you believe your employer has retaliated against you for exercising your right to do so under the whistleblower protection law. In states with an OSHA-approved state plan, you can file whistleblower complaints both with Federal OSHA and the state plan.
You can file a whistleblower complaint in 4 ways. You can:
- Submit your complaint online with OSHA
- Fax, email, or mail; you can complete the online whistleblower complaint form and send a letter describing the complaint or mail a printed copy of your completed online whistleblower complaint form to your local OSHA office. The letter must include your name, mailing address, email address, and telephone or fax number so OSHA can contact you and follow up
- Call your local OSHA office or 800-321-6742 to speak to an OSHA staff member
- And, visit your local OSHA office and speak in person with an OSHA staff member
Resources
For further information, OSHA has a Fact Sheet for filing whistleblower complaints.
To learn more about worker rights and protections, OSHA has a webpage.
Conclusion
Filing a complaint with OSHA is an important step in ensuring workplace safety and protecting your rights. Whether you’re reporting unsafe working conditions, retaliation, or other violations, it’s crucial to understand the process and take action promptly. By following the proper steps, you can help improve safety standards and hold employers accountable. Remember, OSHA is there to support you, and filing a complaint can make a significant difference in creating a safer and more compliant workplace for everyone.
I am being targeted away in a that is difficult for me to explain. Two co-workers have accused me of sexual assault and a case is pending for inappropriate comments. The two sexual assault cases where false, I did not sexual assault any one but Amazon was not calling the case sexual assault.
If a complaint was made about you to OSHA, OSHA should ask for a written defense, called a “position statement.” This gives you an opportunity to rebut the allegations. You can also participate in the investigation and provide any evidence to counter the false claims. If you believe these claims are a form of retaliation, you can file a whistleblower complaint.