The Occupational Safety and Health Administration is an agency in the United States Department of Labor whose mission is to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.” OSHA has the authority to issue and enforce safety regulations to create a safer workplace.

Although OSHA performs both scheduled and surprise inspections at workplaces, a worker may file a complaint with OSHA and request an inspection. If you are concerned about hazards or OSHA safety violations in your workplace, a basic understanding of how the OSHA complaint process works can be beneficial.

A worker can file a complaint with OSHA through its online complaint form, by mail or fax, or by telephone. Both the mail or fax option and the telephone option are handled through the appropriate regional office. Your information will be kept confidential. If you are requesting an on-site inspection, then you must file a written complaint. An on-site inspection will take place if one of the following criteria is met:

• A written, signed complaint by a current employee or employee representative with enough detail to enable OSHA to determine that a violation or danger likely exists that threatens physical harm or that an imminent danger exists;
• An allegation that physical harm has occurred as a result of the hazard and that it still exists;
• A report of an imminent danger;
• 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;
• Inadequate response from an employer who has received information on the hazard through a phone/fax investigation;
• A complaint against an employer with a past history of egregious, willful or failure-to-abate OSHA citations within the past three years;
• Referral from a whistleblower investigator; or
• Complaint at a facility scheduled for or already undergoing an OSHA inspection.

OSHA will evaluate the complaint to determine whether any of the criteria apply. Top priority goes to complaints relating to imminent danger of death or serious harm. Second priority goes to accidents that caused death or hospitalization of three or more employees.

Violations at Construction Sites

Hazards and safety violations can be found in any workplace; however, the construction industry is particularly dangerous, given conditions on worksites. If you are a construction worker and are concerned about safety issues at your workplace, do not hesitate to contact OSHA and file a complaint. The law protects you from retaliation for asserting your right to file a complaint.

If you have been injured in a New York or New Jersey construction accident, you could be entitled to third-party compensation in lieu of, or in addition to, workers’ compensation.

Talk to a New York/New Jersey Injury Lawyer

Contact the New York/New Jersey construction accident attorneys at Ginarte Gonzalez Winograd L.L.P., to find out about your legal options. With seven offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you.

For your free consultation, contact the firm today by calling 888-446-2783 or fill out our online contact form.