Employee complaint procedures

A written complaint must briefly describe the alleged violation with enough detail, be signed by the employee or their representative, and identify who is submitting it. The regulation requires that the notice "be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees" (1903.11(a)).

• Include what is wrong (hazard or unsafe condition), where it is (workplace or location), and when you observed it.
• Make sure the complaint is signed (or signed by an authorized representative).

Cited: 1903.11(a).

Yes. An employee can ask that their name and the names of individual employees not appear in the copy given to the employer or in any Department of Labor records made available to the public. The regulation states that "upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available by the Department of Labor" (1903.11(a)).

• Make the confidentiality request when you file the complaint to make your preference clear.

Cited: 1903.11(a).

An employee or their representative may give the written complaint to either the OSHA Area Director or to a Compliance Safety and Health Officer (CSHO). The standard states complaints may be submitted "by giving notice of the alleged violation to the Area Director or to a Compliance Safety and Health Officer" (1903.11(a)).

• If you don't know which is closest, contact your nearest OSHA office and ask for the Area Director or a CSHO.

Cited: 1903.11(a).

OSHA must provide a copy of the complaint to the employer no later than at the time of inspection, unless the complainant asked to remain anonymous. The regulation says a copy "shall be provided the employer or his agent by the Area Director or Compliance Safety and Health Officer no later than at the time of inspection" (1903.11(a)).

• If you requested anonymity, your name should not appear on the copy provided to the employer.

Cited: 1903.11(a).

No. OSHA inspections based on a complaint are not limited to the matters referred to in the complaint; inspectors may examine the workplace more broadly. The regulation states "Inspections under this section shall not be limited to matters referred to in the complaint" (1903.11(b)).

• This means OSHA can look for other hazards or violations that the complaint didn’t mention.

Cited: 1903.11(b).

OSHA’s Area Director will inspect if the complaint meets the written and signature requirements in 1903.11(a) and if there are reasonable grounds to believe the alleged violation exists. The regulation says the Area Director "determines that the complaint meets the requirements set forth in paragraph (a) ... and that there are reasonable grounds to believe that the alleged violation exists, he shall cause an inspection to be made as soon as practicable" (1903.11(b)).

• "Reasonable grounds" means the complaint gives enough credible information to justify an inspection.

Cited: 1903.11(b).

Yes; any employee or representative can notify the CSHO in writing of additional violations prior to or during an inspection, and that written notice must meet the same requirements as 1903.11(a). The rule states "Prior to or during any inspection ... any employee or representative ... may notify the Compliance Safety and Health Officer, in writing, of any violation ... Any such notice shall comply with the requirements of paragraph (a)" (1903.11(c)).

• Verbal comments alone are not sufficient; provide a written, signed notice that sets forth the grounds with reasonable particularity.

Cited: 1903.11(c) and 1903.11(a).

Employees are protected from discharge or any form of discrimination for filing a complaint, instituting proceedings under the Act, or for exercising rights under the Act. The regulation quotes Section 11(c)(1) of the OSH Act: "No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint ... or has testified ... or because of the exercise by such employee ... of any right afforded by this Act" (1903.11(d)).

• If you believe you were retaliated against for filing a complaint, report it to OSHA promptly; retaliation is prohibited.

Cited: 1903.11(d).

Yes. A representative of employees can submit a written and signed complaint seeking an inspection under the same requirements that apply to individual employees. The regulation explicitly allows "Any employee or representative of employees" to give notice of an alleged violation (1903.11(a)).

• The representative’s submission must still set forth the grounds with reasonable particularity and be signed.

Cited: 1903.11(a).

OSHA will cause an inspection to be made "as soon as practicable" after the Area Director determines the complaint meets 1903.11(a) and there are reasonable grounds to believe a violation exists. The regulation uses the phrase "as soon as practicable" to direct prompt scheduling of the inspection (1903.11(b)).

• "As soon as practicable" means OSHA will act promptly considering available resources and the urgency of the hazard; urgent hazards may be inspected sooner.

Cited: 1903.11(b).

OSHA generally will not issue an additional citation for the exact same condition, equipment, and location while the original citation is under contest, but it reserves the right to take enforcement action when necessary to protect workers (for example, when there is an imminent danger). OSHA's policy explains that when a notice of contest is filed, investigatory activities normally cease and the obligation for abatement and penalty payment for the contested items is suspended until adjudication; OSHA "generally does not issue an additional citation for the exact same condition ... under contest," but may use other enforcement authorities when appropriate (Policy on contesting citations).

• If you find a repeat or different violation at the same location, OSHA may still take action.

Cited: Policy on contesting citations and 1903.

Yes; a complaint may be signed by an employee or by a representative of employees — including a coworker or union representative — as long as the signer is acting as an authorized representative and the notice sets forth the grounds with reasonable particularity (1903.11(a)).

• Make clear in the complaint that the signer is filing as a representative and provide the required details about the alleged violation.

Cited: 1903.11(a).

Yes. A written complaint submitted prior to or during an inspection must comply with the same requirements in 1903.11(a), and it may lead the CSHO to examine those additional issues during the inspection (1903.11(c)).

• Make sure any additional allegations are written, signed, and set out the grounds with reasonable particularity.

Cited: 1903.11(c) and 1903.11(a).

If an employer repeatedly ignores serious citations, OSHA may take enhanced enforcement steps such as follow-up inspections, inspections at other establishments of the same employer, and other actions to ensure compliance. OSHA's Enhanced Enforcement Policy explains that for employers who are indifferent to their obligations (for example, with high-gravity citation cases) OSHA will increase follow-up inspections and other enforcement efforts (Enhanced Enforcement Policy and 1903).

• Recalcitrant employers face priority follow-up inspections and possible escalated enforcement if abatement isn't verified.

Cited: Enhanced Enforcement Policy and 1903.