How to Report a Labor Law Violation
Understand workplace safety laws., Gather proof of unsafe work conditions., Collect important information., Obtain a complaint form., Complete the form and file., Wait for a response., Watch for retaliation.
Step-by-Step Guide
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Step 1: Understand workplace safety laws.
State and federal law is written to protect workers from occupational and health hazards.
In some states a public agency is charged with investigating complaints and enforcing labor laws.
Employees have the right to complain about hazards to such an agency.
If a state does not have an agency of its own, workers can report hazards to the federal Occupational Safety and Health Administration, commonly known as “OSHA.” -
Step 2: Gather proof of unsafe work conditions.
Examples of workplace hazards include uncovered floor openings, improperly stored hazardous material, and poorly maintained tools and equipment.Excessive heat at work and a lack of shade in outdoor workplaces also qualify as hazards.
To determine whether or not you have a hazard, use this checklist.
It can help you identify potential hazards that you should report. , In order to complete a complaint form, you should gather pertinent information ahead of time.
In addition to details about the hazard, you will need the following information: how many employees work at the site and how many have been exposed to the hazard when and how these workers were exposed what type of work is performed in the hazardous area what type of equipment is used and its condition the materials or chemicals used whether employees have been trained or informed regarding the hazard the kind of work done nearby, including how often and for how long employees work near the hazard how long you have known the hazard exists attempts to address the hazard whether anyone has been injured or made ill as a result of the hazard any “near miss” incidents , You will file a complaint with the applicable agency.
If you have a state agency, you will need to request a form from them.
If you need to make a complaint with OSHA, you can file a complaint online by visiting this page.
You also have the option of downloading an OSHA complaint form and faxing or mailing it to your regional OSHA office.
A list of OSHA offices can be found here.
In California you cannot file a complaint online, but you can download a form.
File the form with the appropriate state office. , You will need to sign the form.
However, you may elect to have the agency keep your identity anonymous.
You should keep a copy of the form for your records. , After you file a complaint, OSHA evaluates it to determine whether it is necessary to perform an off-site or an on-site investigation.
OSHA gives top priority to investigating complaints of hazards that pose an “imminent” danger.
An imminent danger is one that could reasonably be expected to cause death or serious physical harm immediately or before it can be eliminated through enforcement procedures.
Investigations under state laws can vary.
In California, Cal-OSHA is required to inspect a job within three working days after a complaint is filed by a worker or worker representative (i.e., union or attorney).Each complaint is classified to determine inspection priority, with “imminent danger” hazards afforded top priority.
In the case of an anonymous complaint, rather than conducting an on-site inspection the state agency may send a letter to the employer asking them to investigate and correct unsafe working conditions.
If the employer does not respond, or if investigation or corrections are insufficient, the state agency will conduct an on-site inspection. , Your employer cannot retaliate against you for filing an OSHA complaint.
Specifically, you cannot be fired, demoted, harassed, or transferred to a less desirable position or shift because you filed the health-and-safety complaint.
If you suspect that your employer is retaliating against you, you may file a retaliation complaint with OSHA within 30 days of the alleged retaliation. -
Step 3: Collect important information.
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Step 4: Obtain a complaint form.
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Step 5: Complete the form and file.
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Step 6: Wait for a response.
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Step 7: Watch for retaliation.
Detailed Guide
State and federal law is written to protect workers from occupational and health hazards.
In some states a public agency is charged with investigating complaints and enforcing labor laws.
Employees have the right to complain about hazards to such an agency.
If a state does not have an agency of its own, workers can report hazards to the federal Occupational Safety and Health Administration, commonly known as “OSHA.”
Examples of workplace hazards include uncovered floor openings, improperly stored hazardous material, and poorly maintained tools and equipment.Excessive heat at work and a lack of shade in outdoor workplaces also qualify as hazards.
To determine whether or not you have a hazard, use this checklist.
It can help you identify potential hazards that you should report. , In order to complete a complaint form, you should gather pertinent information ahead of time.
In addition to details about the hazard, you will need the following information: how many employees work at the site and how many have been exposed to the hazard when and how these workers were exposed what type of work is performed in the hazardous area what type of equipment is used and its condition the materials or chemicals used whether employees have been trained or informed regarding the hazard the kind of work done nearby, including how often and for how long employees work near the hazard how long you have known the hazard exists attempts to address the hazard whether anyone has been injured or made ill as a result of the hazard any “near miss” incidents , You will file a complaint with the applicable agency.
If you have a state agency, you will need to request a form from them.
If you need to make a complaint with OSHA, you can file a complaint online by visiting this page.
You also have the option of downloading an OSHA complaint form and faxing or mailing it to your regional OSHA office.
A list of OSHA offices can be found here.
In California you cannot file a complaint online, but you can download a form.
File the form with the appropriate state office. , You will need to sign the form.
However, you may elect to have the agency keep your identity anonymous.
You should keep a copy of the form for your records. , After you file a complaint, OSHA evaluates it to determine whether it is necessary to perform an off-site or an on-site investigation.
OSHA gives top priority to investigating complaints of hazards that pose an “imminent” danger.
An imminent danger is one that could reasonably be expected to cause death or serious physical harm immediately or before it can be eliminated through enforcement procedures.
Investigations under state laws can vary.
In California, Cal-OSHA is required to inspect a job within three working days after a complaint is filed by a worker or worker representative (i.e., union or attorney).Each complaint is classified to determine inspection priority, with “imminent danger” hazards afforded top priority.
In the case of an anonymous complaint, rather than conducting an on-site inspection the state agency may send a letter to the employer asking them to investigate and correct unsafe working conditions.
If the employer does not respond, or if investigation or corrections are insufficient, the state agency will conduct an on-site inspection. , Your employer cannot retaliate against you for filing an OSHA complaint.
Specifically, you cannot be fired, demoted, harassed, or transferred to a less desirable position or shift because you filed the health-and-safety complaint.
If you suspect that your employer is retaliating against you, you may file a retaliation complaint with OSHA within 30 days of the alleged retaliation.
About the Author
Diane Butler
Specializes in breaking down complex cooking topics into simple steps.
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