Filing an OSHA complaint

TABLE OF CONTENTS

I. Standards Covering Federal Employees

II. Worker Rights

III. When to file a complaint

IV. How to file a complaint

V. What to include in your complaint

VI. What happens after a complaint is filed?

VII. Worker involvement in  OSHA inspections

VIII. What happens after the investigation?

IX. States operating approved safety and health programs

X. What if your employer retaliates?

Welcome back to the “GOOD” old days! With the changes to the Health & Safety Article in the new National Agreement, the union will need to be familiar with an old friend, the OSHA Complaint Process. Given our limited authority under the contract and the constraints on our official time, the use of this process provides a valuable tool in addressing Health and Safety hazards when SSA ignores your complaints.

I. STANDARDS COVERING FEDERAL EMPLOYEES

The first thing we need to familiarize ourselves with are the OSHA Standards and Federal Directives that cover Federal Employees. The primary standards you need to  know are:

There are other directives that also apply to  Federal employees. This information and more can be accessed at OSHA's website.

II. WORKER RIGHTS

Another area you should familiarize yourself with is WORKER RIGHTS. In the past the union has had a joint process in which both the union and management had an equal role in abating health and safety hazards. Under the old system, use of OSHA to  investigate health and safety hazards was diminished as we had a much more proactive role in the process. With the change in the union role we need to  return to  the use of OSHA to  correct health hazards. We can do this either as a union rep or as a worker. The advantage in acting as Worker vs. Union Rep is in the use of official time. Workers don’t have to  use official time to  file an OSHA complaint. If you are an employee and see a hazard, you have the right to  file a complaint on your own. Of course, you can still act as a Union Rep without using official time. Just file your complaints on your own time.

Workers rights under OSHA include:

  1. Get Training from your employer as required by OSHA standards.
  2. Request Information from your employer about OSHA standards, worker injuries and illnesses, job hazards and workers' rights.
  3. Request Action from your employer to  correct hazards or violations.
  4. FILE A COMPLAINT with OSHA if you believe that there are either violations of OSHA standards or serious workplace hazards.
  5. Be Involved in OSHA'S Inspection of your workplace.
  6. Find Out Results of an OSHA Inspection.
  7. Get Involved in any meetings or hearings to  discuss any objections your employer has to OSHA's citations or to  changes in abatement deadlines.
  8. File a Formal Appeal of deadlines for correction of hazards.
  9. File a Discrimination Complaint.
  10. Request a Research Investigation on possible workplace Health Hazards. (This is the Health Hazard Evaluation [HHE] Program under NIOSH.)
  11. Provide Comments and Testimony to OSHA during rulemaking on new standards.

More detailed information can be found at www.OSHA.gov/as/opa/worker/rights.html.

III. When to file a complaint

You have a right to request an inspection of a workplace if you believe there is a violation of a safety or health standard, or if there is any danger that threatens physical harm, or if an "imminent danger" exists. Anyone who knows about a workplace safety or health hazard may complain, and OSHA will investigate the concerns reported.

OSHA’s website recommends that you try to resolve safety and health issues first by reporting them to your management or the safety and health committee. However, you can complain to your local OSHA Regional Office at any time and ask for an inspection or an investigation. (Complaints to  federal OSHA from workers in states with OSHA-approved state plans will be forwarded to the appropriate state plan for response.)

Before filing the complaint do some research. OSHA has ‘buzz words’ which will get them tact quickly. If your complaints are specific, if the complaint is clearly a violation of one of the sections of the law (you don’t have to  cite the law, but doing s– particularly if it is one of the interpretations of the laws or standards, will impress them!) they will act more quickly.

IV. How to file a complaint

The Occupational Safety and Health Act of 1970 gives you the right to  file complaints about workplace safety and health hazards.

When you contact OSHA, if you are in a state with an approved State Plan (state OSHA), explain to them that you are a Federal Employee in Federally Leased space. Otherwise you will be referred to the state’s OSHA, which does not have jurisdiction.

You can file a complaint three ways:

 Internet: Click on the online link once you are connected to the Internet. It will take you to the online form. Written, signed complaints submitted to OSHA are more likely to result in onsite OSHA inspections.

If you believe the hazard is immediately life-threatening, you should call your local OSHA Regional Office or 1-800-321-OSHA.

Remember, you have the right to have your name kept confidential in this process. If you want to remain anonymous, don't use the Agency system to  file your complaint or download forms. SSA can and will look at your computer access to the Internet.

V. What to include in your complaint

The OSHA website lists the following as information that they find “useful”:

 How many employees work at the site and how many are exposed to the hazard?

The following are some additional specific questions for health hazards:

 Has the employer conducted any tests to  determine if employees are exposed to the hazardous condition or substance?

Remember, this is just a guide. You don’t have to answer all the questions. The best rule of thumb is to answer those that apply to your situation.

VI. What happens after the complaint is filed?

The first thing OSHA does is decide whether there are reasonable grounds to believe that a violation of an OSHA standard or a safety or health hazard exists. If they have information indicating the employer is aware of the hazard and is correcting it, OSHA may not conduct an inspection after obtaining the necessary documentation from the employer.

Once a decision is made that a hazard may exist, OSHA uses three categories in determining inspection priorities:

 Imminent danger–a situation where workers face an immediate risk of death or serious physical harm.
 
 Fatality or catastrophe–an accident that requires hospitalization of three or more workers. Employers are required to report fatalities and catastrophes to OSHA within eight hours.
 
 Employee complaints and referrals. Lower inspection priorities include inspections targeted toward high hazard industries, planned inspections in other industries and, finally, follow-up inspections to  determine whether previously cited violations have been abated.

OSHA will then either perform an on-site inspection or an off-site investigation, also known  as a "phone/fax investigation."

 Off-site Investigation (Phone/Fax)

Although you have a right tan onsite inspection if certain conditions are met, there are times when a phone/fax (or letter) investigation may be a better alternative. If you have a low priority hazard, OSHA responds faster using a phone/fax approach. You can still request an on-site inspection if you are not satisfied with the investigation. Workers should call their nearest OSHA Area Office to  discuss their options.

If the phone/fax method is used, OSHA will phone your employer. During the call, they will describe the alleged hazards. A follow up will be done with a fax or letter. Your employer must respond in writing within five days, identifying any problems found and noting corrective actions taken or planned. If the response is adequate, OSHA generally will not conduct an inspection. Whoever filed the original complaint will receive a copy of the employer's response and, if still not satisfied, may then request an on-site inspection.

On-site Inspection

OSHA evaluates each complaint to  determine how it can be handled best--an off-site investigation or an on-site inspection. Workers who would like an on-site inspection must submit a written complaint. At least one of the following eight criteria must be met for OSHA to  conduct an on-site inspection:

A written, signed complaint by a current employee or employee representative with enough detail tenable OSHA to  determine that a violation or danger likely exists that threatens physical harm or that an imminent danger exists;

  1. An allegation that physical harm has occurred as a result of the hazard and that it still exists;
  2. A report of an imminent danger;
  3. A complaint about a company in an industry covered by one of OSHA's local or national emphasis programs or a hazard targeted by one of these programs;
  4. Inadequate response from an employer who has received information on the hazard through a phone/fax investigation;
  5. A complaint against an employer with a past history of egregious, willful or failure-to-abate OSHA citations within the past three years;
  6. Referral from a whistle blower investigator; or
  7. Complaint at a facility scheduled for or already undergoing an OSHA inspection.

Remember, if you don't list a hazard in a complaint, the inspection will not address it, although other violations in plain sight may be cited as well. However, the inspector may decide to expand the inspection based on his/her professional judgment or conversations with workers.

VII. Worker involvement in OSHA inpections

The OSH Act gives the workers representative (in AFGE represented offices, the union) the right to accompany the OSHA inspector during the inspection. You also have  the option of meeting with the inspector briefly before and after the inspection. The decision on whether to accompany the inspector or simply meet briefly with them should be made by your Local President, as official time will have to be taken.

Regardless of whether there is a union rep, Workers have a right to talk privately to the inspector on a confidential basis. Union Reps, also have the right to talk to the inspector, as an employee, without using official time. During these meetings, you should point out hazards, describe accidents or illnesses that resulted from those hazards and relate any past complaints. You should also tell the inspector if working conditions are not the same as they normally are (i.e.: management makes a quick fix right before they show up).

VIII. What happens after the investigation?

After OSHA conducts an investigation, either by phone/fax or by on-site inspection, they will send a letter to the person who filed the complaint outlining the findings, including citations and proposed penalties. Notice is also sent  to the agency, along with any citations issued. In addition, the employer must post copies of citations at or near the site of the violation.

You can request a review if OSHA decides not to  issue a citation. You can also file an appeal of the deadlines that OSHA sets for your employer to  correct any violation in the citation issued to the employer. You have 10 working days to write to the OSHA Area Director from the date the employer posts the notice requesting an extension of the abatement deadline if you feel the time is to too long.

IX. States operating approved safety and health programs.

States with OSHA-approved state plans provide the same protections to workers as federal OSHA, although they may follow slightly different complaint processing procedures. There are currently 22 states and jurisdictions operating OSHA-approved state occupational safety and health programs that cover both the private-sector and state and local government authorities. Four other states operate approved state plans that cover state and local government employees only. Complaints to  federal OSHA from workers in states with OSHA-approved state plans will be forwarded to the appropriate state plan for response.

Federal Employees are covered by Federal OSHA, not a state plan. When you contact OSHA make sure they understand that this is a Federal office with Federal employees. Otherwise they will refer you to the state.

X. What if your employer retaliates?

Section 11(c) of the Act prohibits any person from discharging or in any manner discriminating against any employee because the employee has exercised rights under the Act.

These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related tan OSHA inspection.

"Discrimination" can include the following actions:

OSHA also administers the whistle blowing provisions of thirteen other statutes. The 14 statutes enforced by OSHA and the regulations governing their administration are listed at www.OSHA.gov/dep/oia/whistleblower/index.html.

If you believe your employer has discriminated against you because you exercised your safety and health rights, contact your local OSHA Office right away. Most discrimination complaints fall under the OSH Act, which gives you only 30 days to report discrimination. Some of the other laws have complaint-filing deadlines that differ from OSHA's, so be  sure to  check.

You can telephone, fax or mail your OSHA complaint. OSHA conducts an in-depth interview with each complainant to  determine the need for an investigation. If evidence supports the worker's claim of discrimination, OSHA will ask the employer to restore the worker's job, earnings and benefits. If the employer objects, OSHA may take the employer to  court to seek relief for the worker. The procedures for investigations of discrimination complaints are contained in the OSHA Whistleblower Investigations Manual.

As you can see, we don’t have to leave the health and safety process to management. They may have more rights under the contract, but they don’t have the right to  ignore OSHA. When you find yourself in a situation where management refuses to acknowledge or correct a health and safety hazard, call OSHA.

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