The Occupational Safety and Health Administration (OSHA) will evaluate each workplace complaint to determine how it will be best handled-whether that is an on-site inspection or an off-site investigation. According to OSHA, for an on-site inspection to occur, a complaint must meet at least one of the following eight (8) criteria:
- A written, signed complaint by a current employee or an employee representative with enough detail to enable OSHA to determine that violation or danger is likely to threaten physical harm or imminent danger exists.
- An allegation that physical harm has occurred as a result of the hazard and that it still exists.
- A report of imminent danger.
- A complaint about a company in an industry covered by one of OSHA’s 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 (3) years.
- A referral from a whistle-blower investigator.
- Complaint at a facility scheduled for or already undergoing an OSHA inspection.
OSHA’s top priority for inspections are situations where workers face an imminent risk of death or serious harm. The second priority goes to any fatality or catastrophe that requires hospitalization of three (3) or more workers. Employers are required to report these incidents within eight (8) hours.
The third priority is given to employee complaints, followed by targeted high hazard industry inspections, planned inspections, and follow-up inspections. If OSHA determines that an in-person inspection is warranted, they state that the inspection will be conducted as soon as resources permit and will normally be initiated within five (5) working days of the employer’s report of the incident.
Complaints are not generally handled on a “first-come, first-serve” basis, and less serious issues are typically dealt with in a phone/fax interview. In these cases, OSHA’s telephone call to the employer should occur within one (1) day of OSHA’s receipt of the employer’s initial incident report and OSHA’s letter should then require the employer to submit written results of its investigation of the incident within the next five (5) days. An employer may file for an extension if the events are deemed “complicated”.
If you or a loved one has suffered injuries due to negligence on the job site or a defective product, the lawyers at America’s Consumer Lawyer can review your claim and determine if there were unsafe working conditions, potential OSHA violations, and other hazards that may have existed at the time of your accident. They will also determine who may be liable for your injuries and damages and what compensation you may be entitled to.
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