Right to File an OSHA Complaint
As a supervisor, you must be familiar with the conditions under which employees may file a complaint with OSHA. They may contact OSHA if they believe a violation of a safety or health standard or an imminent danger situation exists in their workplace.
They may request that their name not be revealed to their employer. They can file a complaint on OSHA's website, in writing or by calling the nearest OSHA area office. They may also call the office and speak with an OSHA compliance officer about a hazard, violation, or the process for filing a complaint.
If the above conditions are met, they may take the following steps:
- They must first ask the employer to correct the hazard, or to be assigned other work;
- They may tell your employer that they won't perform the work unless and until the hazard is corrected; and
- They should remain at the worksite until ordered to leave by the employer.
If they file a complaint, they have the right to find out OSHA's action on the complaint and request a review if an inspection is not made.
Discrimination Against Employees
(Click the image to see the complaint form.)
It's also important to know that Section 11(c) of the OSHAct authorizes OSHA to investigate employee complaints of employer discrimination against those who are involved in protected activities. Protected activities generally fall into four broad categories:
- Providing information to a government agency;
- Filing a complaint or instituting a proceeding provided by law such as the OSHAct;
- Testifying in proceedings and participating in OSHA inspections and investigations; and
- Refusal to perform work if the employee has a good faith or reasonable belief that working conditions are unsafe or unhealthful and the employer has not provided an adequate explanation that the conditions are safe.
Some examples of discrimination are firing, demotion, transfer, layoff, losing opportunity for overtime or promotion, exclusion from normal overtime work, assignment to an undesirable shift, denial of benefits such as sick leave or vacation time, blacklisting with other employers, taking away company housing, damaging credit at banks or credit unions and reducing pay or hours.
For more information on whistleblower protection, see OSHA's Fact Sheet.
Knowledge Check Choose the best answer for the question.
1-4. Employees may refuse to perform work if they believe working conditions are unsafe or unhealthful and the employer _____.
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