How Can You File a Report with OSHA?
You can file a report with OSHA by phone, fax, email, regular mail, via an online contact form, or by visiting an OSHA office in person. However, some channels of communication are not appropriate for some types of reports. These are the most common reasons for filing a report with OSHA:
- To report an emergency, severe injury, or fatality.
- To alert OSHA to unsafe working conditions.
- To report workplace safety and health violations.
- To file a complaint and request an inspection.
- Filing a whistleblower complaint following retaliation.
- To submit the annual summary OSHA Form 300A.
How to File a Report with OSHA in an Emergency
When reporting an emergency, severe injury, or fatality, OSHA recommends calling the 24-hour hotline at 1-800-321-6742. Alternatively, businesses can also call the nearest OSHA office if they are covered by a state plan. However, if a state office is closed, it is not permitted to leave a message to file a report with OSHA concerning an emergency, severe injury, or fatality.
Severe injuries and fatalities in some states can also be reported via an online “Serious Event” form. If permitted by the state the time limit to file a report with OSHA is twenty-four hours for reporting an in-patient hospitalization, amputation, or eye loss, and eight hours for reporting a fatality. This channel of communication is not suitable for reporting an emergency.
Filing a Non-Urgent Report with OSHA
To file a report with OSHA relating to a failure of OSHA compliance (unsafe working conditions and safety and health violations), file a complaint, or request an inspection, it is possible to use any available channel of communication. For most people, the online complaint form is the most convenient, but the number of characters allowed limits the reporting of complex hazards.
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Consequently, a number of reports are made by fax, email, or regular mail. To help file a report with OSHA using any of these channels of communication, it can be helpful to complete the “Notice of Alleged Safety or Health Hazards” online and attach a separate letter advising OSHA of the nature and location(s) of the hazard when multiple hazards exist or when one hazard exists in multiple locations.
Making a Whistleblower Complaint
When an employee makes a complaint to OSHA, they are protected against retaliation or discrimination by their employer under Standard 1977.3 of the Occupational Safety and Health Act. If an employer does retaliate or discriminate against an employee, it is possible to file a report with OSHA provided that the following four conditions have been met:
- The employee engaged in an activity protected by the whistleblower protection law.
- The employer knew or suspected the employee engaged in the protected activity.
- The employer took an adverse action against the employee.
- The employee’s protected activity motivated or contributed to the adverse action.
Whistleblower complaints can be made orally (i.e., by phone), in writing (i.e., by email), or online using the OSHA Whistleblower Complaint Form. However, whistleblower complaints cannot be made anonymously, employees are unable to request their names are withheld from their employers, and the complaint has to be made within 30 days of the alleged retaliation or discrimination.
Submitting OSHA Form 300A
Despite recent changes to the OSHA reporting requirements, many employers are still required to submit OSHA Form 300A annually. The form – which summarizes work-related injuries and illnesses – can now only be submitted electronically by entering data onto a web form, uploading a CSV file, or using OSHA’s Injury Tracking Application. It is not possible to file a Form 300A with OSHA by any other method.
The failure to submit Form 300A by March 2 each year is a violation of OSHA for which employers can be cited. Furthermore, OSHA has directed Compliance Safety and Health Officer to perform a full recordkeeping audit on employers when there is evidence of potential systematic recordkeeping issues. Therefore, if you are experiencing recordkeeping challenges, or require advice about how to file a report with OSHA, you should seek professional compliance advice.
