When Can a Complaint Be Filed?
VOSH recommends that employees try to resolve safety and health issues
first by reporting them to their supervisors, managers or their safety
and health committee. At any time, however, employees can complain to
their local VOSH Regional or Field Office and ask for an inspection or
an investigation.
Who Can Complain?
Employees or their representatives have a right to request an inspection
of a workplace if they believe there is a violation of a safety or health
standard, if there is any danger that threatens physical harm, or if an "imminent danger" exists. Anyone who knows about a workplace
safety or health hazard may complain, and VOSH will investigate the concerns
reported.
What Information Must the Employee Provide?
Employees or their representatives must provide enough information for
VOSH to determine that a hazard probably exists. Workers do not have to
know whether a specific VOSH standard has been violated in order to file
a complaint. They only need a good-faith belief that dangerous conditions
exist in their workplace.
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Because it is important to give as much complete and accurate information
as possible about an alleged hazard, answers to the following types of
questions may be useful:
- How many employees work at the site and how many are exposed to the
hazard?
- How and when are workers exposed?
- What work is performed in the unsafe or unhealthful area?
- What type of equipment is used? Is it in good condition?
- What materials and/or chemicals are used?
- Have employees been informed or trained regarding hazardous conditions?
- What process and/or operation is involved?
- What kinds of work are done nearby?
- How often and for how long do employees work at the task that leads
to their exposure?
- How long (to the best of your knowledge) has the condition existed?
- Have any attempts been made to correct the problem?
- How many shifts work in the area and what times do they start? On
what shifts does the hazard exist?
- What personal protective equipment is required by the employer? Is
the equipment used by the employees?
- Has anyone been injured or made ill as a result of this problem?
- Have there been any "near-miss" incidents?
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The following are some additional specific questions for health hazards:
- Has the employer conducted any tests to determine if employees are
exposed to the hazardous condition or substance?
- What are these tests and the results of the tests?
- What steps has the employer taken, if any, to control the hazard?
- Do any employees have any symptoms that they think are caused by the
hazardous condition or substance?
- Have any employees been treated by a doctor for a work-related disease
or condition? What was it?
(Note: It is not necessary to have the answers to all the questions in
order to file a complaint. The list is provided here as a guide.)
