How to Report Workplace Safety Violations to OSHA
If your workplace in Pennsylvania or New Jersey has unsafe conditions that your employer refuses to fix, you can file a complaint with the Occupational Safety and Health Administration (OSHA). More importantly, if your employer fires you, demotes you, or takes other adverse action because you reported safety concerns, you are protected by federal whistleblower laws — and may have a retaliation claim that entitles you to significant damages.
How to File an OSHA Safety Complaint
You can file a complaint online at osha.gov, by phone to your regional OSHA office (Philadelphia area: 215-861-4900), by mail or fax, or in person at an OSHA area office. You can file confidentially — OSHA will not reveal your name to your employer without your permission. Complaints should include the location and nature of the hazard, how many employees are exposed, how long the condition has existed, and whether you have already reported it to your employer.
What Happens After You File
OSHA evaluates every complaint. Serious hazards may trigger an on-site inspection within days. Less urgent complaints may be handled through a phone/fax investigation where OSHA contacts the employer and requires a written response. If OSHA finds violations, it can issue citations and require the employer to correct the hazards within specified timeframes, backed by penalties up to $16,131 per violation (or $161,323 for willful violations).
Whistleblower Protection Under Section 11(c)
Section 11(c) of the OSH Act prohibits employers from retaliating against employees who file OSHA complaints, report safety hazards internally, refuse to work in conditions that present imminent danger, participate in OSHA inspections, or testify in OSHA proceedings. If your employer retaliates, you must file a whistleblower complaint with OSHA within 30 days of the retaliatory action. This is one of the shortest filing deadlines in employment law — do not delay.
Additional Whistleblower Statutes
Depending on your industry, you may also be protected by more specific whistleblower laws with different filing deadlines and remedies. These include SOX (180 days) for publicly traded companies, the Surface Transportation Assistance Act (180 days) for trucking, the Wendell H. Ford Aviation Investment and Reform Act (90 days) for airline employees, and various environmental statutes (30 days) for reporting pollution and waste violations.
An employment lawyer can determine which whistleblower statutes apply to your situation and ensure you meet the correct filing deadline.
The Lacy Employment Law Firm represents whistleblowers across Philadelphia, Pittsburgh, and New Jersey. Call (215) 515-5924 for a free consultation.
