How to Respond to an OSHA Complaint

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]

Post a copy of your complaint letter. According to OSHA’s instructions, you must post a copy of your complaint letter on a company bulletin board, where all employees may see it.^[8]

• 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]

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]

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]

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]

Use a clear format. Look carefully at the way your complaint letter is formatted, note the wording used, and pay attention to the tone. You will want to match both the format and tone of the letter you received.^[13]

• 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.

Limit yourself to the facts. In the remainder of your letter, state the facts as simply and clearly as you can. This is not the place to speak ill of an employee, try to deny the allegations, or attempt to place blame on others. Your complaint will be most quickly resolved if you simply address the charges and explain what you have done to rectify the situation.^[14]

• 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]

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]

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]

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]

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]

Request an informal conference. If you are considering contesting your complaint, it is strongly encouraged for you to call and request an informal conference with a local OSHA representative. During this conference, you will be able to get a better sense of the nature of your violation, discuss methods for correction, discuss settlement options, and possibly even resolve disputed citations and penalties.^[20]

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

Draft and submit a “Notice of Intent to Contest.” If you have concluded that any element of the complaint is unfounded, or if you disagree with either the fee assigned or the abatement date, you must submit an official Notice of Intent to Contest within 15 working days of receipt of your citation. Your letter must state exactly what is being contested—the citation, part of the citation, the fee amount, or the abatement date—as clearly as you can. Then send this notice by way of certified mail.^[21]

• 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]

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]