Workers may find themselves in a situation that they feel the need to report to OSHA. Maybe their employer has not done anything about a safety violation they pointed out, or maybe a worker was injured on the job, and is being denied workers compensation. Whatever the reason—an unsafe environment, an on-the-job injury, or retaliation from an employer—workers have the right to file a complaint with OSHA. A worker may think it is necessary to file a Safety and Health Complaint, a Whistleblower complaint, or both.
OSHA has a QuickCard about how to determine which complaint to file, and details on what will be required of you a Safety and Health complaint vs. a Whistleblower Complaint. This card is called “Filing a Workplace Complaint-Choosing the Right One” and can be found here:
https://www.osha.gov/sites/default/files/publications/OSHA4410.pdf
A Few Differences – Health and Safety vs. Whistleblower Complaints
There are a few differences that help determine whether a complaint should be a Health and Safety or a Whistleblower Complaint. On the OSHA QuickCard, there are 3 main differences.
- A Whistleblower Complaint cannot be filed anonymously.
- Unsafe conditions are a Health and Safety complaint; and
- Retaliation, threats, being fired, receiving less pay, or hours cut/shift changed to a worse one is a Whistleblower Complaint.
Additionally, there is a statute of limitations by which the complaints must be filed after an incident occurs. A Health and Safety complaint must be filed within 6 months, and a Whistleblower complaint must be within 30-180 days, and that can vary by statute.
For more information on filing a Health and Safety complaint, visit OSHA’s Worker Rights and Protections page: https://www.osha.gov/workers Or, call 1-800-321-OSHA.
For more information on filing a Whistleblower complaint, visit the U.S. Department of Labor’s page about OSHA’s Whistleblower Protection Program: https://www.whistleblowers.gov/
MAYBE IT’S TIME TO TAKE A STAND…HELP PROTECT YOURSELF AND OTHERS!
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