How does VOSH Respond to Complaints?
There are two ways that VOSH can respond to a complaint. VOSH can
either perform an on-site inspection or an off-site investigation, also
known as a "phone/fax investigation."
Although every worker has a right to receive an on-site inspection
if certain criteria are met, there are times when a phone/fax (or letter)
investigation may be a better alternative. VOSH normally responds to
lower priority hazards using a phone/fax approach. This enables the
agency to concentrate resources on the most serious workplace hazards.
Employees who request a phone/fax investigation do not give up the right
to request an on-site inspection of potential violations and hazards
if they are not satisfied with the investigation. Workers should call
their nearest VOSH Regional or Field Office to discuss their options.
If an off-site investigation is appropriate, VOSH telephones the employer,
describes the alleged hazards and then follows up with a fax or letter.
VOSH's phone/fax method enables the agency to respond more quickly to
hazards when the criteria to conduct an on-site inspection (see below)
are not met or where the employee or employee representative requests
the phone/fax method. The employer must respond in writing within five
days, identifying any problems found and noting corrective actions taken
or planned. If the response is adequate, VOSH generally will not conduct
an inspection. The employee or employee representative who filed the
original complaint will receive a copy of the employer's response and,
if still not satisfied, may then request an on-site inspection.
If the employee or employee representative files a written complaint
that meets certain criteria described in VOSH Program Directive 02-001C,
then VOSH may conduct an on-site inspection. These criteria include
claims of serious physical harm that have already resulted in disabling
injuries or illnesses or claims of imminent danger situations; written,
signed complaints by employees requesting inspections; and situations
where the employer provided an inadequate response to a phone/fax investigation.