Reporting OSHA Violations in California

Find A California Labor Law Attorney for OSHA Complaints


If you are an employee who has a safety violation complaint, you must usually file it with OSHA to have it investigated. OSHA is in charge of a wide range of workplace safety issues and is responsible for enforcing federal regulations in this area. They also work with states under OSHA-approved state programs and may be involved in safety breaches at the state level.


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What Does OSHA Do?


OSHA (Occupational Safety and Health Administration) is a federal agency that enforces workplace safety and health standards in various industries. OSHA also has the authority to fine and penalize employers who violate its standards, inspect firms for compliance, and look into individual complaints filed to it by employees or their lawyers.

Those who breach OSHA guidelines may face legal action in addition to any fines or penalties imposed by OSHA. This is especially true when employees are injured or become ill at work due to such infractions.

An Employment Attorney in California can give you more details regarding this specific claim.


OSHA Protects Workers' Rights

Apart from the right to a sufficiently safe workplace, OSHA also entails specific regulations and rights for workers regarding how the system operates. Consider the following scenario:

  • You have the right to file complaints regarding work hazards.

  • You have the right to (but don't have to) accompany OSHA inspectors once you've requested an investigation and to point out possible violations to them.

  • Obtaining copies of all test results for tests performed during the required inspection to identify workplace hazards.

  • You have the right to keep your job, income, and benefits once your employer realizes you were the one who reported on them. However, any retaliation you face resulting from reporting the problem is a separate violation that could lead to a lawsuit.

Contact a California Employment Attorney to help you gather evidence and organize your legal strategies.

What Should Employers Do About Hazardous Work Environments?


Employer-provided OSHA training programs are an essential part of workers' rights to workplace safety and health. Therefore, your business is legally required to develop and implement a comprehensive anti-hazard educational program, which must be documented.


All hazardous substances must be listed. In addition, a predetermined communication channel must be developed to illustrate how staff would be informed about such hazards, including those that may reside in pipes or arise during non-routine jobs.


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On construction sites, in hospital settings, and in tight areas like work trenches, specific safety regulations must be followed. Training requirements are specific to your job and situation, and any major or repeated infractions might result in a lawsuit or OSHA penalties.


You Have Right To Access Records


Your boss has no right to hide records regarding OSHA requirements, workplace risks, OSHA test findings, or injured workers. You have the right to obtain this information, and your employer is required to cooperate with your request. You can, for example, ask to view the results of chemical or radiation tests, as well as a report on who was harmed and how after a working event.

When you first start working for them, your employer should notify you that he has medical/exposure records about you. Your employer must also inform you of the location of these records and how to obtain them. If you or a representative requests such records, your employer must respond within 15 business days.

It can be used as evidence in a lawsuit if chemical exposure exceeds OSHA guidelines or if noise levels are allowed to be dangerous without sufficient precautions and warnings to potentially affected personnel or any infractions discovered in the data. Also, remember that if an employer goes out of business, the records must be transferred to a "successor business," or you must be contacted and given three months or more notice before the business closes permanently.


Contact your California Employment Law Attorney to help you sort this out.


Making A Formal OSHA Complaint


If just seeking records and communicating with your employer about a problem to request a correction does not yield results in a fair amount of time, it may be necessary to seek the advice of an experienced lawyer. It's also possible that you should contact OSHA directly to register a formal complaint or seek an inspection of the relevant employer or workstation.

OSHA complaints can be submitted online, by phone, fax, or in writing. We can assist you in locating and understanding the necessary forms and providing guidance on how to complete them. You can ask OSHA to keep your name confidential rather than informing your employer who submitted the complaint.

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For the best results, contact a lawyer beforehand to ensure that your complaint is of the type that OSHA will accept and learn what you should and shouldn't mention on the complaint forms. A California Labor Lawyer can assist you in making your complaint more effective while also ensuring your legal protection in the future.


You're Allowed Access OSHA Investigation Details and Results

You have the right to know what the outcomes of the OSHA inspection were. This is true whether or not OSHA chooses to issue a citation to your company. If you believe a fine should have been issued but wasn't, you can petition OSHA to reconsider their decision.


The outcome of the investigation will be handled and communicated by OSHA to the employee representative who accompanied the inspector. This will detail what breaches were identified, how serious they were, and if fines were imposed, as well as the findings of any chemical or other tests and what efforts your employer was determined to have made to control and reduce health and safety issues.


Also, if your employer is given a deadline to complete all corrections and then requests for an extension, you have the right to appeal that deadline if you believe it is excessively long.


Find A Labor Lawyer in California

No win, no fees! Here at Gency.org, we can help you find a Contingency Lawyer for your Employment Law Cases in California. You can complete our submission form for a free case review.

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