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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151
As part of President Clinton's effort to reinvent government, the
Occupational Safety and Health Administration (OSHA) has adopted
new complaint investigation procedures that will cut the time
that it takes to respond to worker complaints about workplace
hazards from 40 days to as little as five days.
Assistant Secretary of Labor for Occupational Safety and
Health Joseph A. Dear said, "Just over a year ago President
Clinton promised working Americans and their employers a 'New
OSHA.' Our new complaint policy focusing on phone and fax
investigations coupled with on-site inspections delivers on that
promise.
"The policy is a triple win. Workers get their complaints
resolved quickly--in some cases in our pilot test in less than 24
hours. Employers get a chance to correct problems and verify
their actions without the threat of possible penalties from an
OSHA inspection. And OSHA can better manage its resources by
inspecting only when necessary to get results," Dear said.
Under the new policy, when OSHA receives a complaint, it
will determine whether to immediately inspect or investigate the
alleged hazards. If an investigation is appropriate, the agency
will telephone the employer, describe the alleged hazards and
follow up with a telefax or a letter. The employer can respond
in kind, identifying any problems found and noting corrective
actions taken or planned. An adequate response generally negates
the need for an inspection.
Dear stressed that the new policy was developed through
careful pilot testing, a critical aspect of the agency's
reinvention efforts. He said OSHA is committed to experimenting
with many different strategies to meet its mission of reducing
injuries, illnesses and fatalities across the nation. However,
he emphasized that OSHA intends to implement only those that
offer either greater protection to workers, easier compliance for
employers or more effective use of OSHA's resources. He said the
complaint policy meets not just one, but all three of those
tests.
Dear cited a "tremendous gap" between the agency's mission,
to make the 6 million American workplaces as safe and healthful
as possible for more than 90 million workers, and the resources
available to do the job---about $305 million in the current year.
The new complaint policy, he said, will help to close that gap.
The system was first pilot tested in OSHA area offices in
Cleveland, Ohio, and Peoria, Ill. In Cleveland, the number of
days it took to process a complaint and to abate hazards dropped
from 39 to 9, and in Peoria, the days were reduced from 23 to 5.
Other OSHA area offices later reported similar dramatic results.
Dear emphasized that "we will continue to guarantee the
right of employees and their representatives to an on-site
inspection of violations or hazards. However, they will be
encouraged to attempt to resolve lower priority complaints more
swiftly through the phone/fax procedure."
Complaints about hazardous working conditions should be
reported to local OSHA offices or to state OSHA programs. OSHA
maintains a 24-hour toll-free hotline--1-800-321-OSHA--for
workers to report imminent danger situations only. Complaints
reported to this number are relayed to local offices for follow-up.
The 25 states and territories with their own OSHA-approved
occupational safety and health programs are encouraged, but not
required, to adopt an identical or alternative complaint handling
policy.
The system is detailed in a compliance directive, OSHA
Instruction CPL 2.115, Complaint Policies and Procedures. The
directive will be available on the Internet at
http://www.osha.gov under Other OSHA Documents, Directives, CPL
2.115. This information also will be placed on an upcoming issue
of the OSHA-CD ROM. Single printed copies are available by mail
after June 14, 1996, to requestors who send a self-addressed
label to OSHA Publications, P.O. Box 37535, Washington, D.C.
20013-7535. Telephone (202) 219-4667, fax (202) 219-9266.
(Editor's Note: See attached summary of provisions of compliance
directive.)
The text of this news release is on the Internet World Wide Web
at http://www.osha.gov/.
OSHA news releases, fact sheets, and other short documents also
are available by "OSHA Fax" for a nominal charge of $1.50 per
minute. Callers should dial 900-555-3400 to access this service.
Information on this news release will be made available to
sensory impaired individuals upon request. Voice phone: 202-219-8151.
SUMMARY OF DIRECTIVE ON NEW COMPLAINT PROCESS
1. Complaints are no longer identified as "formal" or
"informal."
2. Based on new criteria, complaints will now be classified
as those that result in investigations using telephone and
telefax or similar means and those that result in on-site
inspections.
In a complaint investigation, OSHA will advise the employer
of the alleged hazards by telephone and telefax or by letter if
necessary (e-mail may be available in the future). The employer
is to provide a written response, and OSHA will provide a copy of
the response to the complainant.
If OSHA receives an adequate response and the complainant
does not dispute or object to the response, an on-site inspection
generally will not be conducted.
A complaint inspection is done at the worksite and the
complaint must meet one of the following criteria:
--It is in writing and signed by a current employee or
employee representative and there are reasonable grounds to
believe that a violation of a safety or health standard or
danger exists under the requirements of the OSH Act.
-- It alleges that physical harm such as disabling injuries
or illnesses has occurred and it is believed the hazard
still exists.
--It is based on an allegation of an imminent danger
situation.
--It identifies a hazard or establishment covered by a local
or national emphasis program.
--The employer fails to provide an adequate response to a
complaint or there is evidence that the employer's response
is false or does not adequately address the hazard.
--The firm or establishment has a history of egregious,
willful or failure-to-abate citations within the area and
within the last three years.
--An OSHA 11(c) discrimination investigator requests a
inspection in response to an employee's allegation of
discrimination for complaining about safety or health
conditions or for refusing to do an imminently dangerous job
or task.
--If an inspection is scheduled or has begun at an
establishment and a complaint that normally would be
investigated by phone/FAX is received, the area office can
schedule it for inspection as a companion complaint.
The complainant's identity will be withheld from the
employer upon the request of the complainant.
Archived News Release--Caution:
information may be out of date.
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