Most employers understandably dread the possibility of a workplace investigation by the Occupational Safety and Health Administration. However, many of these same companies fail to pay appropriate attention to notices of complaint from state or federal OSHA programs, even when such inattention can lead to a follow-up workplace inspection.
OSHA programs send notice of complaint letters to employers as the result of a complaint lodged with the agency. The decision to send a letter instead of having an investigator knock on the business' door can result from a number of factors. OSHA may not believe that the facts provided likely indicate workplace safety violations, or those alleged conditions may not pose a serious risk of employee injury. In some situations, the OSHA program simply may not have the resources to assign investigators for an on-site visit.
Regardless of the reasons why the letter was sent, employers receiving notification from OSHA of a workplace safety complaint should treat the matter seriously. This means preparing a comprehensive written response explaining why the complaint is not accurate or confirming that the company has taken measures to address the safety issues raised in the complaint. In addition to the narrative response, photographs, invoices, and other information confirming that the company complies with OSHA safety standards can help support the facts contained in the reply. The identity of the complainant and their possible motivation for making the complaint are generally irrelevant to the response and could indicate to OSHA an intent to retaliate against such party.
If employers submit a prompt, comprehensive response to the complaint letter, in most cases OSHA will close the matter without further inquiry. However, companies that ignore the letter or provide incomplete responses may face follow-up inquiries or an on-site OSHA inspection. A reasonable effort to provide a full reply to the complaint can help avoid significant time, money, and disruptions resulting from a full and in-person OSHA investigation.
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