Reporting OSHA Violations: A Step-By-Step Guide

Reporting OSHA violations is an important responsibility for anyone concerned with workplace safety. However, many people are unsure about the correct procedure for reporting safety hazards. This step-by-step guide is designed to clarify the process of reporting OSHA violations, offering practical advice on how to identify issues, document them, and submit a report. By following these steps, you can contribute to a safer work environment and ensure that safety concerns are properly addressed by the appropriate authorities

What Is OSHA and What Can They Do?

Congress created the Occupational Safety and Health Administration (OSHA) in 1971 to guarantee secure and healthy working environments for workers. Before OSHA came to be, 14,000 employees died at work annually. Employers are required to maintain a safe and healthy workplace, and it offers outreach, education, training, and compliance support.

OSHA creates standards for businesses and organizations to develop training programs for employees in a variety of industries, including construction, healthcare and maritime operations, in order to educate them about potential occupational dangers and avoid accidents or injuries.

OSHA also monitors and inspects workplaces to keep employers accountable for ensuring safe and healthy work conditions. OSHA can penalize and fine employers who breach workers' rights and fall under its jurisdiction if they don't follow its regulations.

What Are the Most Common OSHA Violations?

OSHA releases a list of the Top 10 Most Cited Standards for each fiscal year. Violations are constantly being reported, so lists will shift with each year. This means that the information might change. Keeping that in mind, let's examine the most frequent OSHA violations as of 2023:

1. Fall Protection – General Requirements: 7,271 violations
2. Hazard Communication: 3,213
3. Ladders: 2,978
4. Scaffolding: 2,859
5. Powered Industrial Trucks: 2,561
6. Lockout/Tagout: 2,554
7. Respiratory Protection: 2,481
8. Fall Protection – Training Requirements: 2,112
9. Personal Protective and Lifesaving Equipment – Eye and Face Protection: 2,074
10. Machine Guarding: 1,644

How Can I Identify OSHA Violations in the Workplace?

Employees have the right to refuse to work in a dangerous environment without being punished by their employer, as well as to obtain written information about workplace dangers. Here are some methods for identifying OSHA infractions in the workplace:

• Conduct regular safety inspections
• File a complaint within six months of the incident
• Report all accidents or injuries

OSHA inspectors conduct safety inspections on businesses to evaluate compliance with regulations, and can be accessed through the OSHA website by establishment name, inspection number, or industry. Employees and representatives can file a complaint within six months of an incident, detailing the time, exposure, employer communication, and any injuries, via various methods.

You can also use OSHA’s resources, such as Establishment Search. Use Establishment Search to locate OSHA enforcement inspections by name or industry using NAICS or SIC. The search reflects data up to 07/10/2024, providing citation information for infractions cited by Federal OSHA.

How Do You Report an OSHA Violation?

Serious hazards are almost always avoidable, but it takes the work of both employers following safety guidelines as well as employees recognizing and reporting hazards and safety violations. Employers may or may not be intentionally disregarding safety codes, but if the employer does not resolve the hazard, it is the duty of the employee to report violations to OSHA.

OSHA makes a serious effort to protect workers who report safety violations. To do this, they will honor any request to withhold the identity of the person who submits a complaint to OSHA. Because of OSHA’s rights guaranteed to workers, it is illegal for employers to negatively treat any worker for reporting violations, whether it be demotion, termination, or any other form of unfair treatment. OSHA protects whistleblowers, which includes people who believe an employer is acting against them for reporting a potential violation.

There are a few ways to submit a complaint to OSHA. If working conditions appear to be dangerous or unhealthy, OSHA can be contacted by:

• Mail/Fax
• Online Submission
• Phone: 1-800-321-OSHA (6742)
• Local OSHA visit/in person

What Happens When I Submit an OSHA Complaint?

OSHA takes complaints seriously and will send inspectors in response to the possibility of hazards or violations. Submitting a complaint to OSHA means that an inspector will investigate any potential risks or regulations not followed by your employer.  OSHA citations are only available for violations within the last six months, so it's crucial to report any danger or noncompliance promptly.

What Are the Consequences of OSHA Noncompliance?

We can't stress the importance of company and employer compliance, and neither can OSHA. That is because noncompliance can lead to severe consequences, despite appearing tedious and unimportant.

The natural consequence of not following OSHA’s guidance is an increased likelihood of serious injury or even death. This can significantly impact a business in many ways and should be the primary reason to ensure OSHA compliance.

OSHA will also penalize businesses financially and legally. While some serious offenses can result in fines as high as $16,131 for less frequent occurrences, repeated or willful violations can be as high as $161,323. Beyond this, certain violations can lead to jail time and can be extremely severe depending on threats to life, seriousness of injuries, and actual loss of life.

How Can I Stay OSHA Compliant?

OSHA compliance is not difficult to maintain with the right mindset and the right tools. Employers need to do much of the heavy lifting, including providing the tools that protect from injury. Additionally, it is important for both employer and employee to be sufficiently trained to recognize OSHA standards and recognize when someone is acting outside of them. OSHA.com provides a third-party solution to OSHA compliance training and has many courses that match the type of workplace and the needs of the employer. Check out our OSHA-10 and OSHA-30 courses to improve the safety and compliance of the workplace, as well as our full catalog of courses!