How to Respond to an OSHA Complaint

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

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Under the Occupational Safety and Health Act (OSHA), your employees have the right to turn you in for any number of work-related safety violations, including use of hazardous materials, fire protection, or noise exposure. Knowing how to respond to an OSHA complaint, and having an existing set of procedures in place, will help your company stay in business and meet all regulatory needs addressed by the complaint.

Reacting to the Initial Phone Call

Don’t panic. Receiving an OSHA complaint will probably come a shock to you, but don’t panic! All you need to do is remain calm and respectful, listen carefully and follow instructions, make any necessary changes, and send in a reply letter that displays this. In fact, your OSHA complaint should be resolved in a matter of days. [1] X Research source

Listen carefully. When you receive the initial phone call notifying you of the OSHA complaint, listen very carefully to the representative on the phone. Avoid asking any questions! Simply be as professional as you can and write down all of the information. [2] X Research source

• You might say something like, “I can neither confirm nor deny these allegations,” or simply, “It is not our company policy to respond right away.”

• You can state your concern very directly by saying "I take this complaint very seriously. The safety of my employees and workplace is very important to me."

• You might say, "I have every intention to look into this matter and to correct any problems as soon as possible."

Thank the OSHA representative. At the end of your telephone call, be sure to thank the representative for their time. This helps to close the communication on a positive and professional note. [6] X Research source

Responding to the Complaint Letter

Review the OSHA standards cited in the letter. Very soon after your phone call, you should receive a fax correspondence from OSHA. This is your official complaint letter. Review this letter very carefully, and determine the nature of the complaint. [7] X Research source

• The citation must remain posted for three working days (not including weekends or holidays) or until the problem is corrected.
• This must be done even if you contest the citation.

Sign and fax back your "Certificate of Posting." After you have posted a copy of this letter where your employees can see, sign the included “Certificate of Posting” and fax it back to the number provided. Keep your fax receipt as proof. [9] X Trustworthy Source US Occupational Safety and Health Administration U.S. government agency responsible for setting and enforcing workplace safety standards Go to source

Investigate the allegations. Look into every element of the OSHA complaint as thoroughly as you can. Even if you are upset by the complaint, or do not place much stock in its legitimacy, look for any areas that need to be addressed or improved. [10] X Research source

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Set your correction plan in motion. Once you have investigated all potential problems, devise a plan to correct them, and immediately set your plan into motion. Record any important changes by way of photos, receipts, or other documentation. [11] X Research source

Drafting Your Reply Letter

Act quickly. You should draft your reply letter no more than three days after receiving your complaint letter. Once the complaint is received, you have only five days to fully address the situation and submit a reply, so don’t waste any time. [12] X Research source

• Address your letter mirroring the information on the complaint letter you received (including the name of representative who signed your complaint letter).
• Include your official complaint number in the subject line.
• Match your letter’s salutation to the one used in the complaint letter.
• State your intentions with the letter (e.g., to address the allegations and present your findings) in your introduction.

• For example, you might say, "On November 5, I received OSHA complaint number 2845. Over the course of the next two days, we investigated citations 1-3 and established corrective actions. On November 7, we rectified citation 1 (improper use of fume hood) by replacing the equipment (see enclosed receipt and photo)."

Provide documentation. Send your letter along with any supplemental paperwork that will help you close your case. This may include purchase orders, receipts, monitoring results, vendor/contractor contact information, photographs, or any other document that verifies the changes you’ve made. [15] X Research source

Send the letter. Arrange to have the letter sent by Certified Mail (with a receipt signature request), or by private courier. Don't forget about your five-day deadline! [16] X Trustworthy Source US Occupational Safety and Health Administration U.S. government agency responsible for setting and enforcing workplace safety standards Go to source

Call and follow up. If you have not heard anything on your complaint by the end of three business days after your anticipated date of receipt, call and follow up. Have your case number ready, and ask for a status report. [17] X Trustworthy Source US Occupational Safety and Health Administration U.S. government agency responsible for setting and enforcing workplace safety standards Go to source

Prepare for an inspection. It is possible that an OSHA inspector may show up without warning to your facility. Be kind, professional and courteous, and only answer specific questions addressed by the inspector. [18] X Research source

Pay any penalties. Depending on the nature and severity of the complaint, you may also be asked to pay a penalty. This penalty must be paid within 15 working days from the receipt of citation by sending a check directly to OSHA. Until your payment is received, you case will not be resolved. [19] X Trustworthy Source US Occupational Safety and Health Administration U.S. government agency responsible for setting and enforcing workplace safety standards Go to source

Contesting an OSHA Complaint

• This can be also be done if your intention is to comply fully, or if you are not sure what course to take.

• For example, you might say, “I wish to contest the citation and penalty proposed for items 2 and 3 of the citation issued November 5, 2015.”

Wait for the OSHRC to schedule a hearing. As soon as your Notice of Intent to Contest is received, your case will officially be in litigation. Your abatement and fee dates will be suspended until a decision is reached, and your case is forwarded to OSHRC. OSHRC is an independent agency separate from the Department of Labor. The OSHRC will schedule a hearing for your case. [22] X Trustworthy Source US Occupational Safety and Health Administration U.S. government agency responsible for setting and enforcing workplace safety standards Go to source

Attend the hearing. Once your hearing date is set, you will want to begin preparing for your hearing, and make sure you can attend. You may want to obtain legal council, who will help you to present your case. Both employers and employees are eligible to participate in this hearing. [23] X Trustworthy Source US Occupational Safety and Health Administration U.S. government agency responsible for setting and enforcing workplace safety standards Go to source

Choose to accept or appeal the decision. At this hearing a decision will be reached, either upholding the initial citation and fees, modifying them to account for your specific contestation, or dismissing them. Either party then has the opportunity to accept the decision or to submit an appeal for further investigation by the OSHRC. If the case is still not resolved, it would then move on to the Federal Circuit Court. [24] X Trustworthy Source US Occupational Safety and Health Administration U.S. government agency responsible for setting and enforcing workplace safety standards Go to source