Contact OSH Complaint Desk
NC Department of Labor
Occupational Safety & Health Division
Complaint Desk
1101 Mail Service Center
Raleigh, NC 27699-1101
(919) 779-8560
1-800-NC-Labor (in-state only)
Fax: (919) 779-8559 Complaint.Desk@labor.nc.gov
How
to File a Complaint with OSH
The North Carolina Occupational Safety and Health Act
gives employees the right to file complaints about workplace safety and health
hazards. Further, the act gives complainants the right to request that
their names not be revealed to their employers. Complaints from employees
and their representatives are taken seriously by Occupational Safety and Health Division (OSH) and appropriate actions
will be taken in a timely manner.
If you would like to report hazardous
conditions at your worksite to OSH, please choose one of the following:
File
a complaint online if you believe your working conditions are unsafe
or unhealthful. If you are concerned about confidentiality, you
may prefer to file your complaint from your home computer or a computer
in your local library.
If you use Mozilla Firefox or Google Chrome as your web browser and the form does not submit, please attempt using Microsoft Internet Explorer or a different version of Firefox.
You may also file an electronic complaint on the Federal OSHA website and it will be forwarded to the NCDOL OSH Division Complaint Desk.
Download the OSH complaint
form in PDF format, complete it and then fax
or mail it to the OSH Complaint Desk. Be sure to include your name, address
and telephone number so we may contact you. Adobe
Acrobat Reader is required
to view and print this form.
If you wish you may report hazardous conditions
to OSH by phone.
Additional Information
For more information on filing a
complaint, see the following:
When
Can a Complaint Be Filed? OSH recommends that employees try to
resolve safety and health issues first by reporting them to their supervisors,
managers or the workplace safety and health committee. At any time,
however, employees can file a complaint with the OSH Complaint Desk. OSH
jurisdiction is limited to workplaces within North Carolina and includes
only hazards that currently exist or have existed within the past six months.
Who Can
File a Workplace Safety/Health Complaint with OSH? 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, or 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 file a complaint,
and OSH will investigate the concerns reported.
What
Information Must be Provided? Employees or their representatives must
provide enough information for OSH to determine that a hazard possibly
exists. Workers do not have to know whether the specific OSHA standard
has been violated in order to file a complaint.
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
and 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 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?
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?
How
Does OSH respond to Complaints? There are two ways that OSH can respond
to a complaint. OSH can either perform an on-site inspection or an
off-site investigation.
Although every employee has a right to
request an onsite inspection if certain conditions are met, there are times
when a phone/fax (or letter) investigation may be a better alternative. This
approach enables OSH to respond quickly to lower-priority hazards, and
enables the agency to concentrate resources on the most serious workplace
hazards. Employees who request an off-site investigation do not give
up their 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 OSH Field Office to discuss their options.
Can
I be punished or discriminated against for filing a complaint? Employees
or their representatives have the right to file a complaint with OSH,
without being subject to discrimination
associated with their complaint. The Labor Laws of North Carolina authorize
the Employment Discrimination Bureau (EDB) to
investigate employee complaints of employer discrimination against those
who are involved in safety and health activities.
Some examples of discrimination are firing,
demotion, transfer, layoff, losing opportunity for overtime or promotion,
exclusion from normal overtime work, assignment to an undesirable shift,
or denial of benefits such as sick leave or vacation time.
For more information, or to file a discrimination
complaint contact the EDB:
Telephone: 1-800-NC-LABOR (1-800-625-2267)
(in-state-only) or (919) 807-2823
(local and out-of-state).
Press Option 3 for Discrimination and then ask for the Information Officer. You
may also electronically contact the EDB at dol.askedb@labor.nc.gov
