General legal information for the United States, not legal advice. Read the disclaimer

Workplace Safety and OSHA Complaints: Your Rights

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Employers must provide a workplace free from recognized hazards. You have the right to report unsafe conditions and to be protected from retaliation.

Your rights

  • Working conditions that do not pose serious harm.
  • Information about hazards and training in a language you understand.
  • Access to records of injuries and exposures.
  • The right to file a complaint with OSHA and ask for an inspection.
  • Protection from retaliation for using these rights.

How to report a hazard

  1. Tell your employer in writing if you can do so safely.
  2. Document the hazard with dates, photos and witnesses.
  3. File a complaint with the Occupational Safety and Health Administration online, by phone or by mail, or with your state plan agency.
  4. Ask OSHA to keep your name confidential if you wish.

Retaliation

It is illegal to fire, demote or discipline you for reporting hazards. A federal retaliation complaint generally must be filed within 30 days of the retaliatory act, which is short, so act quickly. State rules and other whistleblower laws may give more time.

Refusing dangerous work

In rare cases, you can refuse a task if you have a reasonable belief of imminent death or serious injury, there is no time to correct it and you have asked the employer to fix it. This is a narrow right, so get advice if you can.

Frequently asked questions

Do I need to give my employer a chance to fix it first?

It is often helpful, but you can contact OSHA directly.

Does OSHA cover all workers?

Most private employees, with some exclusions such as certain public employees and self-employed people.

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