How to Report a Company to OSHA and What to Expect

You can report a company to OSHA by filing a complaint online, by phone, by fax, or by mail, and you can ask that your name be kept confidential. The Occupational Safety and Health Administration investigates workplace safety complaints from workers and their representatives, and federal law protects you from retaliation for filing one. How you file, and what you include, shapes how quickly OSHA responds and whether an inspector actually visits the worksite.

What to Have Ready Before You File

A well-documented complaint gets a faster and more thorough response. Gather as much of the following as you can before you start:

  • The employer’s full legal name, the physical address of the specific worksite where the hazard exists, and any relevant contact information.1Occupational Safety and Health Administration. File a Complaint
  • A clear description of the unsafe condition, for example exposed electrical wiring, missing guardrails on elevated platforms, or chemical fumes without ventilation. Include the date you last observed it.2Occupational Safety and Health Administration. OSHA Online Complaint Form
  • An approximate count of employees exposed to or threatened by the hazard.2Occupational Safety and Health Administration. OSHA Online Complaint Form
  • Any injuries or close calls tied to the hazard. That information helps OSHA gauge urgency.3Occupational Safety and Health Administration. Notice of Alleged Safety or Health Hazards
  • Where inside the building or on the property the hazard is located, so an inspector can find it quickly.

You do not need to identify the specific OSHA standard your employer is violating. Even where no published standard covers a particular hazard, employers must keep the workplace free from recognized dangers that could cause death or serious physical harm under the General Duty Clause in Section 5(a)(1) of the OSH Act.4Occupational Safety and Health Administration. OSH Act of 1970 Describing the hazard in plain terms is enough for OSHA to open its evaluation.

The Four Ways to File

Online

For non-emergency hazards, the online complaint form is the most convenient option. You fill it out on OSHA’s website with the worksite and hazard details above.1Occupational Safety and Health Administration. File a Complaint The form asks whether you want your name kept confidential; OSHA will not reveal your identity to your employer unless you give permission.2Occupational Safety and Health Administration. OSHA Online Complaint Form

Phone

If you believe someone could be killed or seriously injured before OSHA could schedule a routine inspection, call the OSHA hotline immediately at 1-800-321-6742. The line operates 24 hours a day.5Occupational Safety and Health Administration. Report a Fatality or Severe Injury You can also call your nearest OSHA area or regional office during business hours. Imminent-danger reports are OSHA’s highest priority.6Occupational Safety and Health Administration. Imminent Danger

Mail or Fax

Download and print the OSHA-7 complaint form, complete it by hand, and mail or fax it to your nearest area office.3Occupational Safety and Health Administration. Notice of Alleged Safety or Health Hazards Certified mail creates a paper trail showing when OSHA received it.

Formal vs. Non-Formal Complaints

How you file changes what OSHA does next. A complaint is “formal” when it is submitted in writing and signed by a current employee or an employee representative. A formal complaint normally triggers an on-site inspection.7Occupational Safety and Health Administration. Field Operations Manual – Chapter 9

An unsigned complaint, or a phoned-in report with no follow-up signature, is “non-formal.” OSHA may handle it through a phone or letter inquiry to the employer rather than sending an inspector. If you started by phone, OSHA can give you five working days to sign and formalize the complaint, which upgrades it and makes an on-site inspection more likely.7Occupational Safety and Health Administration. Field Operations Manual – Chapter 9

What Happens After You File

OSHA does not process complaints in the order received. Compliance officers rank each one by severity. Imminent dangers, where death or serious injury could happen at any moment, get the fastest response. Serious hazards come next, followed by lower-priority matters.8Occupational Safety and Health Administration. OSHA Inspections For formal complaints alleging a serious hazard, OSHA generally begins an inspection within five working days of the complaint being formalized.7Occupational Safety and Health Administration. Field Operations Manual – Chapter 9

During an inspection, a compliance officer walks through the areas of the workplace covered by the complaint, reviews injury and illness records, and interviews employees privately.8Occupational Safety and Health Administration. OSHA Inspections You have the right to have a representative accompany the inspector during the walk-through, either a coworker or, when their expertise is reasonably necessary, a third party such as a safety consultant or union official.9Federal Register. Worker Walkaround Representative Designation Process

When OSHA handles a non-formal complaint through an inquiry instead, it contacts the employer by phone, fax, or letter describing the alleged hazard. The employer is typically given five working days to respond in writing, explaining what it found and what corrective steps it has taken or plans to take.8Occupational Safety and Health Administration. OSHA Inspections If the response is adequate and you are satisfied, OSHA generally will not conduct an on-site inspection. If it falls short, you can ask OSHA to escalate to a full inspection.7Occupational Safety and Health Administration. Field Operations Manual – Chapter 9

Once the investigation is complete, OSHA sends you a letter summarizing the results: whether citations were issued, what violations were found, and what corrective actions the employer must take.7Occupational Safety and Health Administration. Field Operations Manual – Chapter 9 If OSHA decides not to inspect after a formal complaint, you will be notified in writing of that decision and the reasoning, along with your right to ask for a review.

If Your Employer Retaliates

Federal law makes it illegal for your employer to punish you for filing an OSHA complaint. Section 11(c) of the OSH Act bars employers from firing, demoting, cutting pay or hours, reassigning to undesirable shifts, or taking any other adverse action against a worker who reports safety concerns or participates in an OSHA proceeding.10U.S. Department of Labor. Occupational Safety and Health Act (OSH Act), Section 11(c)

If you believe your employer retaliated against you, you must file a whistleblower complaint with OSHA within 30 days of the retaliatory action.11Office of the Law Revision Counsel. 29 U.S. Code 660 – Judicial Review The deadline is strict, though limited equitable tolling may apply in unusual circumstances, such as when an employer actively conceals the retaliation.12U.S. Department of Labor. Whistleblower Retaliation Rights in States and Territories Operating State Plans Do not wait. Contact OSHA as soon as possible after the adverse action.

If OSHA’s investigation confirms retaliation, it will bring a federal court action on your behalf. The court can order your employer to reinstate you with back pay and may award other appropriate relief.11Office of the Law Revision Counsel. 29 U.S. Code 660 – Judicial Review OSHA must notify you of its determination within 90 days of receiving your complaint.

When You Can Refuse the Work Instead

In extreme situations you may have the legal right to refuse a dangerous task rather than only filing a complaint about it. That right applies when all of the following are true:

  • You have asked your employer to fix the danger and the employer has not done so, where asking is possible.
  • You genuinely believe an imminent danger of death or serious injury exists.
  • A reasonable person would agree the danger is real.
  • There is not enough time to get the hazard corrected through normal channels, such as requesting an OSHA inspection.
13Occupational Safety and Health Administration. Workers’ Right to Refuse Dangerous Work

If you refuse under these conditions, tell your employer clearly that you will not perform the task until the hazard is corrected, and ask to be assigned other work. Stay at the worksite unless your employer orders you to leave. Filing an OSHA complaint at the same time strengthens your position and creates a written record of the hazard.

Who OSHA Does Not Cover

Federal OSHA covers most private-sector employers and their workers across all 50 states. State and local government employees are not covered by federal OSHA but have protections if their state runs an OSHA-approved safety program. Self-employed workers and the immediate family members of farm employers are not covered. Workers whose safety is regulated by another federal agency, such as miners under the Mine Safety and Health Administration or maritime workers under the Coast Guard, file with those agencies instead.14Occupational Safety and Health Administration. Am I Covered by OSHA? If your state runs its own OSHA-approved program, you can still call 1-800-321-6742 and OSHA will route your complaint to the right agency.15Occupational Safety and Health Administration. State Plan – Frequently Asked Questions