Written by William Tomlin, USF SafetyFlorida Health Supervisor

First, let’s address what the OSHA complaint letter is stating. Someone, either in your organization or in the general public, has contacted the OSHA area office with information about a hazard in your workplace. This distinction is important as we will see later. The OSHA office is required to respond to all complaints. One of their options is to send a “Fix and Fax” letter to the employer detailing the hazard reported and requesting information such as company policies and/or procedures related to the hazard. As an employer, you are required to respond within five days, in writing, addressing the hazards identified and noting corrective actions taken or planned.   

OSHA evaluates each complaint thoroughly to determine whether an off-site investigation or an on-site inspection is needed. If the hazard in question was in the imagination of a disgruntled employee, the hazard should not exist in the workplace.  Employers can refute these claims by providing photographs of the work area, providing documentation of engineering controls, or proof of personal protective equipment provided to employees to mitigate the hazard. If personal protective equipment is used, your response should include the written policy or program addressing its correct usage.

Avoid any attempts to identify the reporting employee. Employer retaliation, in any form, against an employee related to the reporting of a workplace hazard is illegal and can lead to a whistle-blower investigation by OSHA to protect the employee. OSHA inspections are not malicious in nature; they are not out to get you!  The General Duty Clause of the OSH Act of 1970 requires all employers to provide employees a safe and healthful work environment free of recognized hazards. Whether the hazards they are outlining in the letter are prevalent throughout your industry, (meaning everybody does it this way) this has no bearing on the conditions in your specific facility.  Additionally, violators often find that the cost of one accident can far exceed any savings gained following “accepted”, non-compliant industry practices. Penalties can range up to $14,502 per violation, therefore, maintaining OSHA compliance is not only a legal obligation, but also a great business strategy.

So what do you do when you receive a letter from OSHA requesting information on a reported hazard in your workplace?

• Supply as much information as possible about the conditions outlined in the letter. 
• Detail your efforts to mitigate the problem.

• Provide proof of any written policies addressing the issue and respond as soon as possible.

• Be honest!

The USF SafetyFlorida Consultation Program has provided free, confidential, OSHA compliance assistance to thousands of employers throughout Florida for over 20 years. Our experts have over 150+ years in occupational health and safety leadership experience and can help you find solutions to protect your workforce. To request a no-cost consultation, please visit www.usfsafetyflorida.com or call us toll-free (866) 273-1105.  

William Tomlin
Health Supervisor
USF SafetyFlorida Consultation Program