Your employees have the right to turn you in for any number of work related safety violations, including use of hazardous materials, fire protection, or noise exposure.Knowing how to respond to an OSHA complaint and having an existing set of procedures in place will help your company stay in business and meet all regulatory needs addressed by the complaint.
Step 1: Don't worry.
It is likely that receiving an OSHA complaint will shock you.All you have to do is remain calm and respectful, listen carefully and follow instructions, make any necessary changes, and send in a reply letter that displays this.Your OSHA complaint should be resolved in a few days.
Step 2: Listen carefully.
When you receive a phone call from OSHA, make sure to listen to the person on the phone.Don't ask any questions.Write down all of the information and be as professional as possible.
Step 3: Don't explain anything or admit to anything.
Don't say anything while on the phone with the representative.It's not the right time for that.Take in as much information as you can.Hold your tongue during the phone call.It is not our company policy to respond right away, so you could say something like, "I can neither confirm nor deny these allegations."
Step 4: Express genuine worry.
Take a moment to express your professional concern after you have heard what the representative has to say.You take this complaint very seriously.You can state your concern directly by saying "I take this complaint very seriously."The safety of my employees is very important to me.
Step 5: Inform your intent to comply.
Explain that you will review the allegations carefully when you receive the official letter of complaint.Make it clear that you will do everything in your power to resolve the complaint and correct the situation.You could say, "I have every intention to look into this matter and correct any problems as soon as possible."
Step 6: Thank you OSHA representative.
The representative should be thanked at the end of the call.It helps to close the communication on a positive note.
Step 7: The OSHA standards are cited in the letter.
You should get a fax from OSHA after you call.This is your official complaint letter.Determine the nature of the complaint by reviewing the letter very carefully.
Step 8: You can post a copy of your complaint letter.
All employees are allowed to see a copy of your complaint letter on the company bulletin board.The citation needs to be posted for three working days or until the problem is fixed.Even if you contest the citation, this must be done.
Step 9: Send your "Certificate of Posting" back to you.
"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."You should keep your fax receipt as proof.
Step 10: Inquire about the allegations.
As thoroughly as you can, look into the OSHA complaint.If you are upset by the complaint, look for areas that need to be addressed or improved.
Step 11: Set your correction plan in motion.
Set your plan into motion after you have investigated all the potential problems.Photographs, receipts, or other documentation can be used to record important changes.
Step 12: Act quickly.
After you receive a complaint letter, you should draft a reply letter.You have only five days to fully address the situation and submit a reply, so don't waste any time.
Step 13: A clear format is used.
Look at the way the letter is formatted, note the wording, and pay attention to the tone.The format and tone of the letter are what you want to match.The name of the representative who signed the complaint letter should be included in your letter.Attach your official complaint number to the subject line.The one used in the complaint letter is the one you should match.In your introduction, state your intentions with the letter, to address the allegations and present your findings.
Step 14: Limit yourself to the facts.
In the remainder of the letter, state the facts clearly.This is not the place to speak ill of an employee, try to deny the allegations, or place blame on others.If you address the charges and explain what you did to correct the situation, your complaint will be resolved quickly.On November 5, I received an OSHA complaint.Over the course of the next two days, we established corrective actions.The equipment that was used in citation 1 was replaced on November 7.
Step 15: Documentation should be provided.
Supplemental paperwork will help you close your case.This may include purchase orders, receipts, monitoring results, vendor contact information, photographs, or any other document that proves the changes you have made.
Step 16: The letter needs to be sent.
You should arrange for the letter to be sent by certified mail or private courier.Don't forget about the deadline!
Step 17: Follow up with a call.
If you haven't heard anything by the end of three business days, you should call.Ask for a status report if you have your case number ready.
Step 18: Prepare for the inspection.
An OSHA inspector could show up without warning.Only answer questions from the inspector, and be kind, professional and courteous.
Step 19: Pay any fines.
Depending on the nature and severity of the complaint, you may be asked to pay a penalty.The penalty must be paid in 15 days by sending a check to OSHA.The case will not be resolved until your payment is received.
Step 20: Request a meeting.
If you are considering contesting your complaint, it is a good idea to request an informal conference with a local OSHA representative.You will be able to get a better sense of the nature of your violation, discuss methods for correction, and possibly even resolve disputed citations and penalties during this conference.If you want to comply fully, or if you don't know what to do, this can be done.
Step 21: Send a notice of intent to contest.
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.You must state in your letter exactly what is being argued, as clearly as you can.Send this notice by certified mail.You could say that you want to contest the citation and penalty proposed for items 2 and 3.
Step 22: Wait for the OSHRC to hold a hearing.
Your case will be in litigation once your notice of intent to contest is received.When a decision is reached, your case will be forwarded to the OSHRC.OSHRC is not part of the Department of Labor.The OSHRC will schedule a hearing.
Step 23: Attend the hearing.
You will want to make sure you can attend your hearing once the date is set.If you want to present your case, you should get legal council.This hearing is open to both employers and employees.
Step 24: Accept or appeal the decision.
A decision will be made at this hearing, either uphold the initial citation or modify it to account for your specific contestation.Either party can accept the decision or file an appeal with the OSHRC.The case would move on to the Federal Circuit Court if it isn't resolved soon.