The form you use to submit an OSHA complaint is known as OSHA 7, which can be completed and submitted online, or printed out and mailed, emailed, or faxed to OSHA.

• What is Considered an OSHA Violation?
• Why Complain to OSHA?
• How Do You Submit an OSHA Complaint?
• How Do You Complete OSHA Form 7?
• What Happens after an OSHA Complaint is Submitted?
• What Happens If My Employer Retaliates?

What is Considered an OSHA Violation?

An OSHA violation is considered to occur when an employer fails to comply with an applicable OSHA safety or health standard, or violates any other OSHA compliance standard. Consequently, it is not necessary for an accident to have occurred in the workplace, or for an employee to have sustained an injury or illness before it is possible to submit an OSHA complaint.

OSHA standard §1903.11 allows employees or representatives of employees to submit an OSHA complaint if it is believed that an employer has violated OSHA and if the OSHA violation – whether a willing or unknowing violation – threatens the safety or health of employees. Complaints to OSHA can be made online, in writing, by phone, or in person at an OSHA Area Office.

Why Complain to OSHA?

If there is a risk to safety or health in the workplace, it is not mandatory that a complaint is submitted to OSHA. Sometimes speaking with an employer or union representative will be enough for the risk to be removed or mitigated. However, there are occasions when concerns about safety or health in the workplace are not listened to by management or employers.

In such circumstances, OSHA has the authority to speak with an employer or conduct an on-site inspection to confirm the presence of a workplace safety or health issue and instruct the employer to resolve the issue. If the employer fails to resolve the issue within the allowed period of time, OSHA has the authority to issue a fine or refer the case for criminal prosecution.

How Do You Submit an OSHA Complaint?

You can submit an OSHA complaint via an online form (OSHA 7), which can be submitted through the OSHA website or printed out as a PDF and mailed, emailed, or faxed to OSHA. You can also discuss your concerns with an OSHA representative by phone or in person before making a complaint if you have any questions about the complaints process or whistleblower protections.

It is important to be aware that OSHA will not always conduct an onsite inspection if a complaint is made by phone or in person. In order for an onsite inspection to take place, at least one of the following eight criteria:

1. A written, signed complaint by a current employee or employee representative with enough detail to enable OSHA to determine that a violation or danger likely exists that threatens physical harm or that an imminent danger exists
2. An allegation that physical harm has occurred as a result of the hazard and that it still exists
3. A report of an imminent danger
4. A complaint about a company in an industry covered by one of OSHA’s local or national emphasis programs or a hazard targeted by one of these programs
5. Inadequate response from an employer who has received information on the hazard through a phone/fax investigation
6. A complaint against an employer with a past history of egregious, willful, or failure-to-abate OSHA citations within the past three years
7. Referral from a whistleblower investigator
8. Complaint at a facility scheduled for or already undergoing an OSHA inspection.

How Do You Complete OSHA Form 7?

You complete OSHA Form 7 by entering the name, physical address, and contact information for the business you are making a complaint about. You then have to indicate the type of business so OSHA can determine whether it meets #4 in the above list, and describe the nature of the hazard. It is also important to note the number of employees potentially affected by the hazard and whether the hazard has been brought to the attention of the employer or another government agency.

Thereafter, the form requests your contact details, whether you wish to have your name withheld from the employer, and whether you are complaining on your own behalf or as an employee’s representative. It is important to be as accurate and as truthful as possible when completing OSHA Form 7 because false statements and misrepresentations are violations of the OSH Act which carry a maximum penalty of $10,000 and/or six months imprisonment.

What Happens after an OSHA Complaint is Submitted?

What happens after an OSHA complaint is submitted is that the complaint is evaluated and prioritized. The process for evaluating and prioritizing complaints depends on the nature of the complaint (i.e., imminent danger) and the number of employees potentially at risk from the hazard. In most cases, the employer or management officer responsible for safety will be contacted by phone and asked to respond within five days with details of the corrective action taken.

If the response is adequate, no inspection will be scheduled and the complainant will receive a written explanation. If the response is not adequate, and the complaint meets at least one of the eight criteria listed above, OSHA will schedule an inspection according to an established prioritization system. In the event of an imminent danger threat in which an employer’s response is not adequate, OSHA has the authority to ask a federal court for an immediate cessation of activities.

What Happens If My Employer Retaliates?

When you submit an OSHA complaint, you are protected against retaliation or discrimination by your employer under OSHA standard §1977.3. If an employer does retaliate or discriminate against you, it is possible to submit a whistleblower complaint provided the following four criteria are met:

• The employee engaged in an activity protected by the whistleblower protection law.
• The employer knew or suspected the employee engaged in the protected activity.
• The employer took an adverse action against the employee.
• The employee’s protected activity motivated or contributed to the adverse action.

Similar to when you submit an OSHA complaint about a workplace hazard, whistleblower complaints can be made online using the OSHA Whistleblower Complaint Form, in writing (i.e., by mail or email) or orally (i.e., by phone or in person). However, whistleblower complaints cannot be anonymous and complaints have to be submitted within thirty days of the alleged retaliation or discrimination.

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