if an employee files a complaint with osha and an inspection results in a citation
If an employee believes their employer is in violation of OSHA standards, they have the right to file an OSHA complaint resulting in an inspection of the facility. OSHA has an established protocol to follow when a complaint is received that results in a formal or non-formal investigation. However, not all contests reach a hearing before an administrative law judge, and there may be an opportunity to resolve the citation by settlement. Employees, representatives, and anyone else aware of serious health or safety violations in the workplace have three options to file an OSHA complaint. Once the inspector conducts his investigation, OSHA will send the employee or his representative who filed his complaint a letter outlining the findings, any citations issued, and proposed penalties. If the workplace is not in its usual condition on the date of the inspection, employees should tell the inspector this. You hope you never get an OSHA citation. "After 24 years in safety and numerous OSHA inspections, I believe the most important thing when dealing with an inspector is keeping good files," observed Jeff Rothgeb, safety and environmental coordinator at the Erie, Pa. plant of St. Louis-based food processor Aurora Foods Inc. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination occurred with the U.S. Department of Labor Area Office at the address shown above. How to File a Complaint. Complaint at a facility scheduled for or already undergoing an OSHA inspection. customers, insurers and others increasingly scrutinizing employers’ OSHA records as a condition of doing business, but OSHA penalties and citations can be substantial – as much as $70,000 for a single willful or repeat violation. A signed complaint by an employee that describes an OSHA violation with "reasonable particularity," is almost certain to result in an inspection. There are five key steps.

Employers, on the other hand, have the right to contest whether there is a violation or any other part of the citation. Keep inaccurate OSHA 300 logs and have disorganized safety files. Depending on the severity of the safety concern, an OSHA citation officer may arrive at the job site for an unannounced inspection to observe the working conditions. Correct. If the response is adequate, OSHA generally will not conduct an inspection. OSHA telephones the employer, describes the alleged hazards and then follows up with a fax or a letter. If OSHA cites your workplace for violations, you must follow prescribed abatement procedures in a timely manner. Employees may request anonymity when they file complaints. Employers who receive a citation and want to protest it should contact OSHA within ____ days by ____ 15 days, Letter If an employee files a complaint with OSHA and an inspection results in a citation, the employer MUST NOT: You also want to understand how OSHA could handle your complaint and the possible outcomes. Workers only have the right to challenge the deadline for when a problem must be resolved.

OSHA must inspect in response to such a complaint unless it determines that there is no reasonable basis for the complaint or if OSHA … If an employee files a complaint with OSHA and an inspection results in a citation, the employer MUST NOT: 1. Workers do not have to know whether a specific OSHA standard has been violated in order to file a complaint. employee for filing a complaint or for exercising any rights under this Act. Phone/Fax Investigation OSHA's phone/fax method enables the agency to respond more quickly to hazards where none of the eight criteria listed above are met or where the employee or employee representative requests the phone/fax method. Citations and penalties not only impact a company’s bottom line, but also its ability to do business.

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