Filing a Safety and Health Complaint with OSHA

One of our clients worked as an auto body repairman and he was exposed to toxic chemicals in the workplace. This exposure resulted in the development of pancreatic cancer and his subsequent death, yet he never knew he could have called in OSHA to inspect his worksite.

Employees have a right to working conditions that do not pose a risk of serious harm. The Occupational Safety and Health Act of 1970 (OSHA) provides workers and their representatives the right to file a complaint and request an OSHA inspection of their workplace if they believe there is a serious risk or if their employer is not following OSHA standards. The Act allows complainants the right to request that their names be kept confidential from their employers. Although OSHA recommends that employees attempt to resolve safety and health issues by first reporting them to their work superiors, a worker can file a complaint at any time. You can get a form at www.osha.gov/oshforms/osha7.pdf.

OSHA provides the following options for filing a complaint:

 (1)    Download and fax or mail the complaint form to your local OSHA office;

 (2)    File an online complaint (www.osha.gov/pls/osha7/eComplaintForm.html);

 (3)    Telephone your local OSHA area or regional office.

Written complaints that are signed by workers and submitted to their closest OSHA area office are more likely to result in an onsite OSHA inspection than complaints submitted online. North Carolina’s Raleigh office can be contacted at 4407 Bland Road, Somerset Park, Suite 210, Raleigh, North Carolina 27609 (telephone 919-790-8096; fax 919-790-8224). Contact North Carolina’s regional office at 61 Forsyth Street, SW, Room 6T50, Atlanta, Georgia 30303 (telephone 678-237-0400; fax 678-237-0447). To find other OSHA offices call 800-321-6742 or go to www.osha.gov/html/RAmap.html.