Dealing with unsafe conditions at work is stressful enough on its own. However, when your employer refuses to fix a serious hazard, you may feel stuck between doing your job and protecting your health. The good news is that federal law gives you the right to take action.

The Occupational Safety and Health Administration (OSHA) allows workers in New York to file confidential complaints about dangerous workplace conditions. Learning about how that process works can help you protect yourself and your coworkers, so read on for the information you need to know.

What Is OSHA and When Should You File a Complaint?

OSHA is a federal agency under the U.S. Department of Labor. Its job is to enforce safety and health standards in workplaces across the country. If your employer is not following those standards or if you believe a serious hazard exists at your job site, you have the right to file a complaint and request an inspection.

It is important to note that in New York, different agencies handle complaints depending on where you work. Private sector employees and federal government workers file complaints through federal OSHA. If you work for a state or local government employer instead, your complaint would go through the Public Employee Safety and Health Bureau, also known as PESH.

How To File Your Complaint

OSHA offers several ways to submit a complaint, making the process fairly accessible no matter your situation:

  • You can fill out and submit the online complaint form through OSHA’s website
  • You can call your local OSHA office directly or reach the national hotline at 1-800-321-OSHA (6742)
  • You can send a written complaint by fax, email, or regular mail to the OSHA office nearest to your workplace
  • You can visit an OSHA office in person during business hours

Be ready to provide your employer’s name and address, along with a clear description of the hazard you are reporting when you file. You also have the option to file anonymously, though signed complaints are more likely to lead to an on-site inspection. 

Note as well that complaints can be submitted in any language, and you are allowed to have a representative file on your behalf if needed as well.

Protections Against Employer Retaliation

One of the biggest concerns workers have about filing a complaint based on workplace hazards is whether their employer will punish them for speaking up. Federal law makes it illegal for your employer to retaliate against you in any way for reporting safety concerns. 

Retaliation can take many forms, including:

  • Firing or threatening to fire you
  • Cutting your hours or reducing your pay
  • Demoting you or reassigning you to less favorable duties
  • Creating a hostile work environment to pressure you into silence

If your employer does retaliate, you have the right to file a separate whistleblower complaint with OSHA. Keep in mind that the deadline for doing so is tight; however, you only have 30 calendar days from the date of the retaliatory action to file in most circumstances. 

Contact Rosenbaum Meier Personal Injury Lawyers To Schedule a Free Consultation With a Brooklyn Workplace Accident Lawyer

Filing a complaint with OSHA in New York is an important step toward making your workplace safer, but it does not replace your right to seek compensation for injuries you have already suffered. If you were injured because of unsafe conditions at work, you may also be entitled to file a workers’ compensation claim and pursue a separate personal injury case, depending on the facts involved in your situation.

For more information, please contact Rosenbaum Meier Personal Injury Lawyers to schedule a free consultation. We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.

Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007

Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339

Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332


About the Author

Craig D. Rosenbaum is licensed to practice in New York. He is part of the New York State Trial Lawyers Association and the American Association of Justice. Click here to view some of the amazing case results that Craig has successfully handled.

Location: Manhattan, Brooklyn & Bronx.

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