Responding to OSHA Inquiries on Complaints and Referrals: Best Practices for Small Employers - Fact Sheet

Responding to OSHA Inquiries on Complaints and Referrals BEST PRACTICES FOR SMALL EMPLOYERS

Understand the Inquiry Process alleged hazards. If there is an established employee union or safety and health Inquiry Process: In some cases, OSHA may committee in the facility, provide them a copy contact you to inquire about alleged hazards of the OSHA letter along with your response. reported in a complaint or referral. OSHA will work with you to address the matter through a Investigation and Corrective Action: You timely and adequate response. If the issues should immediately investigate the are resolved through this process, an on-site allegations and take any necessary actions to inspection is generally not conducted. abate the alleged hazardous conditions. Ensure that you document your findings, Initial Contact: OSHA will call you to notify including a description of any actions taken to you that it has received a complaint or correct identified hazards, and any supporting referral. During the call, OSHA will describe evidence such as measurements, monitoring the inquiry process and the alleged hazards or results, photographs, and/or videos. Provide violations in your workplace. OSHA will OSHA your findings and all supporting request that you conduct an internal documentation in your written response. investigation and provide a written response OSHA Review: OSHA will review your written to OSHA on your findings and all abatement response, including your findings and the actions taken. OSHA will also send you a description of corrective actions to determine letter with a copy of the hazards/violations if it is acceptable. You will not be notified in alleged in the complaint or referral. advance if an onsite inspection is planned. Posting of OSHA’s Letter: You are encouraged Complainant Notification: OSHA will provide to post a copy of the OSHA’s letter in an area a copy of the response to the employee or where it is accessible for review by all your employee representative who initially filed the employees. Enclosed with the letter will be a complaint. The employee or employee Certificate of Posting. You should complete representative has the right to dispute the and return the Certificate of Posting to OSHA response and to request an onsite inspection once you have posted the letter regarding the if they believe the hazard still exists.

Inquiry Process for Complaints and Referrals

Investigation Posting of Initial and OSHA Complainant OSHA's Resolution Contact Corrective Review Notification Letter Action

Resolution: When OSHA receives an adequate investigating workplace hazards, response and the complainant does not understanding applicable standards, and dispute or object to the response, an onsite improving safety and health practices. On-Site inspection normally will not be conducted. Consultation operates independently of OSHA However, if OSHA does not receive an enforcement and does not issue citations or adequate response or the complainant penalties. Consultants can help employers disputes the response and provides further identify hazards, develop effective abatement evidence that your written response is false or strategies, and strengthen their overall safety does not adequately address the hazard, OSHA and health management systems. will proceed with an onsite inspection. Investigate Promptly Understand the Alleged Hazards and thoroughly When you are notified, take the opportunity to Initiate the Investigation Immediately: discuss the complaint or referral with the As soon as you receive notification of OSHA representative. Ask as many questions the complaint, begin your investigation as necessary to ensure a full understanding of without delay. the alleged hazards highlighted and how they violate OSHA’s requirements. Get the details Perform a Walkthrough Inspection: so that you can investigate and address any Conduct a walkthrough of the area where the hazards identified fully, including: alleged hazard is located. Identify and photograph any conditions or practices that • The exact location of the hazard. may contribute to the hazard. • The specific machine, equipment, or process involved. • Speak with employees who work in the • Any details relevant to the hazard(s) in area or may have knowledge of the alleged question. hazard. Use open-ended questions to encourage detailed responses that can • The applicable OSHA standards, help clarify the conditions. Be sure to requirements, or recognized industry practices. document these discussions accurately. • Gather Relevant Information: Collect all Engage the right people pertinent information related to the alleged hazard(s) to include in your Ensure that qualified and experienced response to OSHA. This may include: personnel knowledgeable with the process are involved to conduct a comprehensive review of o Photographs or diagrams of the the work practices, equipment, and other location, equipment, or conditions factors related to the alleged hazards. identified in the complaint, along with any corrective actions taken. You may want to seek external help from o Incident reports or OSHA 300 & 301 additional qualified professionals (e.g. CSP, logs that document prior injury and CIH, and others), equipment manufacturers, or illness occurrences. other outside assistance if there are complex o Safety Data Sheets (SDS) for any engineering issues or health exposures if you chemicals involved. do not have the required expertise to address o Maintenance and inspection records the issue in-house. and any available manuals for the Small employers are also encouraged to equipment or machinery in question. contact OSHA’s On-Site Consultation Program o Training, certifications, and/or for free and confidential assistance in evaluation records.

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o Job hazard analyses or evaluations Communicate With performed, including exposure monitoring data. OSHA Promptly o Required personal protective • Discuss with the OSHA representative if a equipment (PPE) provided. significant amount of time or financial Consult Safety and Health Standards: resources are required to abate the hazard. Familiarize yourself with OSHA requirements Communicate any reasons for delays and and applicable industry standards. Determine request an extension if needed. whether the conditions in question violate any • As part of your obligation during the OSHA regulations or pose a risk to employee safety inquiry process, ensure that you report the or health. This understanding will help guide corrective actions taken in your written your corrective measures. response to OSHA, to include: o A summary of your investigation. Take Prompt and Full o A description of any hazards found. Corrective Action o The steps taken to correct them. Take immediate steps to address the alleged o Supporting documentation or photos. hazards. This could involve: • Generally, you must submit your written • Repairing, removing, or replacing faulty response to OSHA within five working days. equipment. • Providing necessary safety training for Do Not Retaliate or Discriminate employees. Do not take action to determine who filed a • Updating safety protocols or procedures. complaint, as this may be perceived as • Ensuring that proper PPE is available discrimination or retaliation against the and used. employee you suspect submitted the • If full corrective action cannot complaint to OSHA. Employees have the right immediately be implemented, ensure under the OSH Act to file safety and health that interim methods or procedures are complaints with OSHA, and to be free from established to protect employees from adverse actions for doing so. Employees also the hazard(s) until a complete have the right to file complaints anonymously. abatement method is implemented. Document Actions Taken: Maintain thorough OSHA Resources documentation of all corrective actions For additional information and resources, implemented. This record should detail: please visit: osha.gov/smallbusiness. • The specific actions taken to address Please note that there are 29 OSHA-approved the hazards. occupational safety and health State Plans. • The dates of completion for each These states are required to have standards corrective measure. and enforcement programs that are at least Communicate with Employees: Inform as effective as OSHA's and may have different affected employees about the corrective or more stringent requirements. actions being taken and how these measures will enhance workplace safety.

OSHA 4498-03 2026

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