If you’re a construction or contracting business, an unannounced OSHA visit can be one of the most stressful events you face. And when that visit stems from a complaint made by one of your own employees, it’s even more sensitive.
Understanding how OSHA handles these complaints — and how you should respond — can mean the difference between a quick resolution and a formal investigation (or worse, fines and citations).
Here’s what you need to know.
Why OSHA Inspects Workplaces
OSHA (Occupational Safety and Health Administration) conducts inspections for several reasons:
- After serious injuries or fatalities
- As part of industry-specific inspection programs
- At random
- In response to employee complaints
When a worker believes there’s a serious safety risk, they have the right to file a complaint with OSHA. That complaint can trigger a formal inquiry or a full inspection, depending on the severity and validity of the allegations.
When a Complaint Triggers an Inspection
Not every employee complaint leads to a site visit. OSHA uses specific criteria to decide whether a formal inspection is necessary.
To qualify for an on-site inspection or deeper investigation, the complaint must:
- Come from a current employee or employee representative
- Include detailed information that suggests a serious safety violation or imminent danger
- Involve a known hazard that injured or sickened a worker and still exists
- Relate to a high-hazard industry or a facility already scheduled for inspection
- Concern a company recently cited for egregious or willful violations
If none of these apply, OSHA may conduct a complaint inquiry instead of an in-person visit.
What Happens During a Complaint Inquiry
Let’s say an employee complains to OSHA that you don’t follow lockout/tagout procedures during equipment maintenance. If OSHA considers this a valid concern but not urgent enough for an immediate inspection, they will initiate a complaint inquiry — a process handled by phone or email.
Here’s what to expect:
- Initial Contact: OSHA will inform you of the complaint and request your cooperation in addressing the issue.
- Self-Investigation: You’ll be asked to investigate the claim internally and correct any verified issues.
- Written Response: Within five working days, you must respond to OSHA with a written report outlining:
- Posting the Complaint: You are required to post a copy of the complaint letter in a place visible to all employees.
If you ignore the inquiry, fail to provide an adequate response, or submit a response that OSHA deems unsatisfactory, a full inspection may follow.
Also, your response will be shared with the employee who filed the complaint. If they believe your response is inaccurate or inadequate, they may request an on-site OSHA visit.
How to Respond — and What NOT to Do
This is a serious matter, and how you respond is critical. Here’s how to handle it professionally and effectively:
✅ Take the complaint seriously. Even if you think it’s unfounded, treat the issue with respect and urgency.
✅ Respond thoroughly and promptly. Address each point in the complaint clearly, with supporting documents or photos when possible.
✅ Fix any real hazards. If there’s a legitimate issue, fix it immediately — and document what you’ve done.
✅ Stay professional. Don’t focus on who made the complaint. Avoid retaliating or even mentioning the employee. OSHA considers retaliation a serious violation.
❌ Don’t delay. Failing to respond within the 5-day window increases your risk of an inspection.
❌ Don’t make assumptions. Even a minor issue can become a big one if not addressed properly.
Final Thoughts
Whether you believe the complaint is valid or not, OSHA expects you to act responsibly. Handle it like you would a client issue — investigate, correct, and communicate. Doing so can help you avoid a formal inspection and show that you’re committed to workplace safety.
BGES Group: Your Partner in Construction Risk Management
If you’re a contractor in New York, New Jersey, or Connecticut, OSHA compliance and safety regulations are not optional — they’re essential.
At BGES Group, we specialize in helping construction businesses protect themselves, reduce risk, and stay compliant. We’ll work with you to ensure your coverage is right, your safety practices are solid, and your business is protected from unexpected exposures.
📞 Call us today at (914) 806-5853 – Gary Wallach
Email: bgesgroup@gmail.com
🌐 Visit us at www.bgesgroup.com
Let’s make safety and compliance one less thing to worry about.