As you know, there are government regulations for any type of company to keep their workplaces safe for employees and customers. Whether these regulations involve correctly labeling and storing hazardous chemicals for cleaning the office or keeping heavy machinery properly maintained and repaired at an automotive manufacturing company, employers should provide the proper training, education, and safety equipment to prevent accidents on the job. Unfortunately, some employers in California and elsewhere fail to meet safety standards, resulting in numerous workplace accidents annually across the country.
What is OSHA and Why Does It Matter?
The Occupational Safety and Health Administration (OSHA) is a federal agency operating under the U.S. Department of Labor. Established by the Occupational Safety and Health Act of 1970, OSHA is responsible for ensuring safe and healthy working conditions by setting and enforcing standards and by providing training, outreach, education, and assistance.
OSHA’s Core Functional Attributes:
- Jurisdiction: OSHA has federal authority, but states like California operate their OSHA-approved plans, such as Cal/OSHA, which must be at least as effective as the federal program.
- Standards Enforcement: OSHA issues rules and regulations covering hazards like toxic chemicals, mechanical dangers, unsanitary conditions, and more.
- Inspection Protocol: OSHA inspectors (Compliance Safety and Health Officers) conduct both scheduled and unannounced inspections based on priority levels, imminent danger, severe injuries, worker complaints, and referrals.
- Penalty Mechanism: Violations can result in fines ranging from hundreds to over $100,000, depending on severity and repeat offenses.
- Complaint Handling: Complaints can be filed formally (with a signature) or informally (anonymously), but formal complaints are more likely to result in an on-site inspection.
- Whistleblower Protection: Workers are protected under Section 11(c) of the OSHA Act from employer retaliation after filing a complaint.
Common Types of OSHA Violations and Safety Hazards
To fully grasp your rights and responsibilities, it’s essential to understand what qualifies as an OSHA violation. These are some of the most commonly cited violations across industries:
- Fall Protection Violations: Especially common in construction, where inadequate harnessing or lack of guardrails creates severe risks.
- Hazard Communication Failure: Employees working around chemicals must have access to material safety data sheets (MSDS) and proper labeling.
- Respiratory Protection Failures: Employers must provide respirators and training when working in environments with airborne hazards.
- Improper Machine Guarding: Machinery should have safety shields to protect against lacerations or crushing injuries.
- Electrical Hazards: Exposed wires, improper grounding, and overloaded circuits are key electrical safety infractions.
Each of these hazards should be tied to a documented training program, equipment checklist, and employee protocol, all of which fall under OSHA compliance measures.
What to Do if You Spot a Safety Violation at Work
What if you see a safety violation at your job that has gone unaddressed by management? Can you call officials from the U.S. Occupational Safety and Health Administration to investigate? OSHA’s website informs readers that this is possible, but they may first want to address the problem with their employers. For example, an employee or union representative may want to alert your employer to the safety concern and say that OSHA will be informed of the problem if it isn’t changed. This gives your employer the chance to fix the issue and avoid being cited, while also protecting you and your co-workers if your employer passes the inspection and isn’t required to make safety changes.
Step-by-Step Guide to Reporting a Workplace Safety Violation
If the issue persists or involves immediate danger, here’s how to take action through OSHA.
1. Notify Your Employer
Most OSHA guidelines encourage workers to notify employers first. This is particularly useful if the company has an internal safety committee. Written documentation is crucial; email trails or written incident reports can support your case later.
2. File a Complaint with OSHA
You can submit a complaint online, by fax/mail, or over the phone. For formal complaints, a signature is required and is more likely to trigger an inspection.
Key Details You Should Include:
- Type of hazard
- Location (include address)
- Time and frequency
- Witnesses (optional)
- Whether management has been notified
3. Follow Through
Once OSHA receives the complaint, it may respond in two ways:
- Off-site Handling: OSHA contacts the employer in writing and requests a response.
- On-site Inspection: Triggered by credible complaints or imminent danger.
What to Expect During an OSHA Inspection
An inspection typically involves:
- Opening Conference: The inspector explains the purpose and scope.
- Walkaround: The inspector and employee representative tour the facility.
- Interviews: Workers may be interviewed about safety conditions.
- Closing Conference: Findings are reviewed, and possible citations are discussed.
Post-Inspection Outcomes:
- Employers may be cited and fined.
- OSHA may require immediate corrective action.
- Employees can request the report or attend follow-up conferences.
Federal vs. State Jurisdiction: OSHA vs. Cal/OSHA
If you work in California, you’re under Cal/OSHA, which often enforces stricter standards than federal OSHA. For example:
- Heat Illness Prevention: California requires mandatory rest, water, and shade breaks for outdoor workers.
- Workplace Violence Prevention Plans: Especially for healthcare employers, required in CA but not federally.
- COVID-19 Protocols: Cal/OSHA adopted Emergency Temporary Standards (ETS) that extended beyond federal guidance.
When Should You Report Directly to OSHA?
You are well within your rights to inform OSHA about any safety concern, especially if the issue is so severe that it presents an immediate or significant risk of serious injury and/or if your employer is aware of the problem but has done nothing to safeguard employees. It is advisable to be aware of your options before deciding on how to make your workplace safer, as this information is not meant to replace the advice of a lawyer.
Legal Considerations and Employee Rights
Before you act, consider consulting a legal professional who specializes in employment law. In California, state-specific worker protections may entitle you to additional compensation or legal remedies.
Protected Activities Include:
- Filing OSHA complaints
- Participating in inspections
- Reporting injuries
- Requesting access to safety records
Frequently Asked Questions (FAQs)
Can I be fired for reporting a workplace hazard?
No. Retaliation for reporting an OSHA complaint is illegal. If you are fired, demoted, or harassed, you have 30 days to file a whistleblower complaint.
What’s the difference between a formal and informal complaint?
A formal complaint has your signature and usually triggers an inspection. An informal one may result in a letter to your employer.
How long do OSHA inspections take?
It depends on the severity and size of the issue. Inspections may last from hours to days, especially in complex facilities.
What is OSHA Form 7?
This is the form used to file a safety or health hazard complaint.
OSHA Case Study
To understand OSHA’s real-world impact, consider this:
In 2024, OSHA cited a Solar Contractor company in Chicago for $288,000 due to repeated violations of fall protection standards. The complaint was initiated by an anonymous worker, illustrating that anonymity doesn’t weaken enforcement.
Contact Hussain & Gutierrez for Expert Legal Help
If you’ve experienced or witnessed a workplace safety violation and want to ensure your rights are protected, Hussain & Gutierrez is here for you. Our team specializes in employment law and OSHA-related complaints in California.
- Visit us at: hussaingutierrezlaw.com
- Call for a free consultation today!
We’ll help you understand your options, document your case, and pursue justice if your rights have been violated.
Final Thoughts
A safe workplace isn’t a luxury; it’s your legal right. OSHA is not just an oversight body; it’s a protective framework built to ensure no worker has to choose between their job and their safety. Whether you’re an employee unsure of your next step or an HR manager seeking compliance clarity, the time to act is now.
Know your rights. Assert your voice. Stay protected.
