Information To Gather For Your Whistleblower Complaint
You can help your OSHA investigator pursue your complaint by having access to the following items:
- Copies of relevant text messages, emails, meeting notes, memos, work orders, activity logs, etc.
- Copy of employee handbook
- Copies of letters related to hiring and/or firing
- Your job description
- Copies of your five most recent pay stubs
- Documentation of disciplinary action you received as an employee
- Documentation from other actions between you and your employer
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Elevator Industry Safety Partners
Signatory Organization: International Union of Elevator Constructors , National Elevator Industry, Inc. , National Association of Elevator Contractors , Elevator Contractors of America , Elevator Industry Work Preservation Fund , and National Elevator Industry Educational Program .
OSHA Office:Region 1 Regional Office, Region 10 Regional Office, Region 2 Regional Office, Region 3 Regional Office, Region 4 Regional Office, Region 5 Regional Office, Region 6 Regional Office, Region 7 Regional Office, Region 8 Regional Office, and Region 9 Regional Office.
- Agreement signed September 05, 2019
What Constitutes Retaliation Toward Osha Whistleblowers
Retaliation includes any adverse action an employer takes against an employee that would negatively impact the employee. The following adverse reactions would constitute retaliation in an OSHA whistleblower case:
- Intimidation or harassment of an employee
- Employers making threats against an employee
- Denial of a promotion that the employee deserved
- Reducing the employees pay or hours
- Denial of overtime hours
- Changing the employees shift to less favorable work hours
- Laying off or firing an employee
- Speaking negatively about an employee
- Humiliating an employee in the workplace
- Demoting an employee
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Most Common Types Of Osha Citations
OSHA released a report showing the 10 most frequently cited standards following inspections of worksites by federal OSHA from Oct. 2016 Sept. 2017:
Falls are far and away the most common cause of worker death and injury on work sites. Generally, OSHA requires fall protection on construction sites for anything over six feet, though requirements vary based on the exact job being performed. Some common fall protection equipment includes guard rails, toe boards, safety harnesses, safety nets, stair railings and hand rails.
A particularly dangerous subset of falling injuries are ladder falls. A major cause of these types of accidents is the ladder being placed on uneven ground, which is often the reality of working on a construction site. To illustrate why this poses such a danger, if you have a 28-foot extension ladder is 1 inch off at the base, the top of the ladder will be 19 inches off of center, placing anybody at the top of it in serious risk of a tip-over.
What If The Situation Is Serious
If there is a life-threatening situation in your workplace, there is an OSHA hotline you may call to get immediate assistance. For less urgent situations that still pose a serious threat of harm, OSHA says that written complaints that are signed by workers and are submitted directly to an OSHA area or regional office are more likely to result in onsite inspections. As such, if you have a serious concern about a safety issue in your workplace, you might wish to file your complaint via hard copy directly to the local OSHA office.
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Common Types Of Osha Violations
In a recent year, OSHA identified the ten most commonly reported OSHA violations in work places, including:
It is no shock that the most common OSHA violations fall under general industry â meaning that the violations are a commonplace occurrence in most workplaces â but also only reinforces the importance of minimizing the safety risks at a job. Employers and supervisors should be constantly be updating their policies and procedures based on the resources and regulations provided by OSHA to maximize the safety of their employees.
New York Osha Training Information
The state of New York Occupational health and safety plan augments or supersedes the Federal OSHA program. The State of New York OSHA applies to government employees, while Federal OSHA applies to private industry employees. The New York OSHA 10-hour and 30-hour courses above are accepted by OSHA on both the federal level and the NY state level.
The New York State Plan for Public Employee Safety and Health is responsible for promoting the health and safety of more than 2 million state and local government employees. The New York Department of Labor has been designated as the agency responsible for administering the plan throughout the State.
The Commissioner of Labor has full authority to enforce and administer all laws and rules protecting the safety and health of all employees of the State and its political subdivisions. The PESH Program consists of one central office in Albany, New York, and nine district offices located throughout the state: Albany, Binghamton, Syracuse, Utica, Rochester, Buffalo, White Plains, Garden City and New York City.
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How Does Federal Osha Respond To Complaints
There are two ways that OSHA can respond to a complaint. OSHA 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 onsite inspection if certain conditions are met, there are times when a phone/fax investigation may be a better alternative. OSHA responds more quickly 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 OSHA Area Office to discuss their options.
If an off-site investigation is appropriate, the agency telephones the employer, describes the alleged hazards and then follows up with a fax or letter. 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, OSHA 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.
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How Many Days Do You Have To Contact Osha To File A Complaint Against Your Employer In New York
If you spot a serious safety hazard at your workplace, you need to file a hazard or violation complaint with the Occupational Safety and Health Administration as quickly as possible. OSHA will issue citations only for violations that either currently exist or could be found within the last six months. You only have a certain number of days to contact OSHA to file a complaint against your employer in New York.
Whistleblower complaints must be filed within the time limits specified within the whistleblower statute relevant to the complaint, as follows :
|Section 11 of the Occupational Safety and Health Act
|International Safe Container Act
|Asbestos Hazard Emergency Response Act
|Clean Air Act
|Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
|Comprehensive Environmental Response, Compensation and Liability Act
|Federal Water Pollution Control Act
|Safe Drinking Water Act
|Solid Waste Disposal Act
|Toxic Substances Control Act
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New York Construction Accidents Attorneys Representing Injured Workers In Construction Accident Nyc
Construction worksites are among the most dangerous workplaces in the nation. In 2014, workers in the construction industry represented 20.5 percent of the 4,386 private industry fatalities nationwide. More than half of these deaths stemmed from what the Occupational Safety and Health Administration terms the Fatal Four .
Many of these deaths are preventable simply by adhering to OSHA standards. Some of 2015s Top 10 OSHA violations in construction include:
What If My Employer Retaliates
If you have been treated differently because you refused to work in the face of dangerous conditions or for exercising your rights to a safe workplace, you may file a discrimination claim with OSHA. As a worker, you are entitled to an environment free of hazards, and your employer is not permitted to treat you differently when you advocate for yourself. There are over 20 whistle-blower protection laws enforced by OSHA to safeguard employees against retaliation for reporting violations. If you feel that your rights have been infringed upon in this manner, you should file a complaint with OSHA. Depending on the type of retaliatory action taken and the law it is covered by, you may have anywhere from 30-to-180 days to file your claim.
File an OSHA complaint by submitting the online form on OSHA’s website.
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Further Reading And Resources
- For more information on PESH, see the New York Department of Safety and Health’s website
- For more information on ways to prevent backovers, visit OSHA’s site addressing the issue
- For more details on illnesses and injuries related to the workplace, read New York State Department of Labor’s online reports
Can You Call Osha Anonymously
While the Occupational Safety and Health Act of 1970 gives workers the right to file complaints about workplace safety and health hazards, anonymous OSHA reporting is guaranteed only if you request it. When you do, your name may not appear on any documentation related to your claim. Also, OSHA may not reveal your identity to your employer. OSHA must safeguard your personal information to protect you from retaliation in the workplace.
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Osha Standard For Reporting Catastrophes And Fatalities
According to OSHA Standard, 29 CFR Subpart 1904.39, “Reporting Fatality, Injury, and Illness Information to the Government,” employers are required to report catastrophes and deaths within eight hours in person or by phone to the OSHA office or to the State Plan office nearest to the site where the incident occurred. The OSHA central telephone number used to report is 321-6742.
Reporting safety violations is the best method for an employee to improve their work conditions and protect themselves and their coworkers from avoidable injuries. Employers have no legal right to terminate an employee for reporting an OSHA violation, according to Section 11. Any employee who reports an OSHA violation is legally protected as a whistleblower, meaning they cannot be terminated, lose wages or bonus opportunities, be denied benefits, transferred, or be punished in any way for filing a violation with OSHA.
In addition to common safety issues such as unstable scaffolding or lack of protective eye equipment, employees can also report sexual harassment, as outlined by Section 5. If an employee feels unsafe and has reported a complaint to an employee, they can refuse to work on the grounds of dangerous work conditions. Any employee who is afraid of being terminated or losing benefits as a result of reporting an OSHA violation should report a complaint at the number above or through an online form.
Is Online Osha Training Accepted In Nyc
Yes, the New York City Department of Buildings accepts online OSHA 10 and 30 training from OSHA-authorized course providers. To meet DOB training requirements, the course must be actively proctored.
All of OSHA Education Center’s online Outreach training courses are actively proctored and DOB accepted.
For an online OSHA course to be actively proctored, it must:
- Require students to confirm that they received the training and completed it without assistance
- Monitor the students’ participation at random times to ensure they are present for the entirety of the training
Our online Outreach training courses meet the above requirements and provide DOB-approved credit hours that you can apply toward your SST card under Local Law 196.
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Division Of Occupational Safety And Health
The Solicitor’s Occupational Safety and Health Division provides legal support to the Occupational Safety and Health Administration, the agency that ensures safe and healthy working conditions for workers. OSH provides legal services related to several worker-protection statutes:
- Whistleblower protection provisions of the Surface Transportation Assistance Act and the Seaman’s Protection Act
The OSH Division is responsible for appellate litigation in the U.S. Circuit Courts of Appeals and the Occupational Safety and Health Review Commission, and assists OSHA in developing standards, guidance, and interpretations. Division attorneys also work with OSHA to draft and review new regulations and supporting documentation. The OSH Division provides assistance to the SOL Regional Offices, particularly on high-profile, novel, and complex enforcement matters.
Filing An Osha Whistleblower Complaint
OSHA offers employees the ability to submit an online whistleblower complaint form to report retaliation for reporting dangerous or unsafe working conditions. OSHA also accepts whistleblower complaints made via the telephone, in writing, or by employees who walk into an OSHA office to report workplace safety violations. Every whistleblower complaint must contain the following four allegations:
- The employee is engaging in an activity that the whistleblower protection laws protect
- The employer either suspected or knew about the employee reporting them
- The employer retaliated by making an adverse action against the employee
- The protected activity of the employee contributed to or motivated the retaliation
After filing the complaint, OSHA will notify the employer of the OSHA complaint. The employer will have an opportunity to respond to the complaint. When submitting the claim, OSHA recommends that employees do not provide the names or contact information of witnesses to the health or safety violations. Instead, include any evidence that supports your complaint. OSHA officials will discover and contact witnesses of the safety violations during the investigation phase.
Under federal and New York State law, employees have a right to work in a safe environment. Employees have the legal right to speak up about safety concerns in the workforce without fear of retaliation. Employees also have the right to take any of the following actions without retaliation:
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Benefits Of Online Osha Training
OSHA training is becoming mandatory in more states and industries every day. Online training is the most convenient way to take OSHA-authorized training. Enroll online, complete the training at your own pace, and receive your certificates and cards online or in the mail. All of our online OSHA training courses are authorized by Occupational Safety and Health Administration through our partnership with 360training.
OSHA.com is a privately-owned website that is not affiliated with any government agency.
Occupational Safety And Health Administration
- State Plan Certification: August 16, 2006
The New York Public Employee Safety and Health Bureau is part of the New York Department of Labor. The New York Department of Labor is headed by the Commissioner. The main office is located in Albany with nine district offices located throughout the state.
New York PESH covers all state and local government workers in the state. It does not cover federal government workers. Federal government workers, including those employed by the United States Postal Service and civilian workers on military bases, are covered by OSHA. OSHA also exercises authority over private sector employers in the state and federal OSHA standards apply to these workers. A brief summary of the New York State Plan is included in the Code of Federal Regulations at 29 CFR 1952.24. OSHA retains the authority to monitor the State Plan under Section 18 of the OSH Act.
State Plan Standards and Regulations
- Workplace Violence Prevention 12 NYCRR Part 800.6
- Emergency Escape and Self-Rescue Ropes and System Components for Firefighters 12 NYCRR Part 800.7
- Permissible Exposure Limits 12 NYCRR Part 800.5
- Right-to-Know 12 NYCRR Part 820
New York PESH also has its own regulation on the recording and reporting of occupational injuries and illnesses .
Voluntary and Cooperative Programs
Informal Conferences and Appeals
Division of Safety and Health
Division of Safety and Health
- Amy Phillips, CSP, Director
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Why Do I Need A New York Osha Violation Attorney
Even though your employer was required to maintain worker’s compensation insurance, once you file a claim, the insurance company may try to lessen the amount they will pay in compensation. Your employer may try to prove your claim invalid. Your injuries may have been equipment related or caused due to negligence on the part of third-party contractors or building owners.
You will need the help of an experienced workplace accident attorney who can guide you through the entire process including filing for compensation and appeal if needed. The top NY injury firm of Wingate, Russotti, Shapiro, Moses & Halperin, LLP can help you every step of the way. Call 986-7353 for a free initial consultation and let us get started on your case.
New York Attorneys For Osha Violations
The Occupational Safety and Health Administration exists to protect workers from employers, contractors and building owners looking to cut corners in order to save on time and cost. These regulations make potentially dangerous construction work safe, and when these regulations are disregarded, employees and pedestrians become vulnerable to construction accidents and catastrophic personal injury.
If you or a loved one was injured or killed because of another partys failure to comply with OSHA standards, you may be entitled to compensation. Given the scope and complexity of these regulations, it pays to have a personal injury lawyer by your side who is experienced in navigating the murky question of where exactly fault lies after a work accident resulting in catastrophic injury.
Block OToole & Murphy has won over $1 billion in successful outcomes for our clients in a variety of complex personal injury cases. A few of our most notable work accident results include:
Block OToole & Murphy was featured on the cover of the 2018 New York City Best Lawyers magazine in large part due to our successful results on work accident cases. Receive a free legal consultation by calling us at or contact us online.
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