Filing a Complaint with a State Plan
If you work in one of the states that runs its own OSHA program, safety complaints usually go to the state agency, not federal OSHA. Sending it to the right place gets a faster response. If you’re not sure, call federal OSHA and they’ll route it.
- All workers
- Public employees
- California
- Florida
- Illinois
- Michigan
- New York
- Texas
- Washington
Where does my complaint go?
| Your situation | File with |
|---|---|
| Private employer in a state with a full state plan (like California, Washington or Michigan) | The state plan agency |
| State or local government worker in a state with any state plan, including public-sector-only plans | The state plan agency |
| Private employer in a state with no plan, or a public-sector-only plan (like Texas, Florida, New York or Illinois) | Federal OSHA |
| Federal government worker, anywhere | Federal OSHA (and your agency’s safety office) |
| Some maritime work, military bases and federal enclaves, even in state plan states | Usually federal OSHA |
See the State Plan Directory and States Covered by Federal OSHA. If in doubt, call 1-800-321-OSHA (6742).
How to file
- Online: most state plans have an online complaint form.
- By phone, mail, email or in person at the state’s area office.
- Confidentiality: you can ask that your name not be shared with your employer.
- Language: most agencies accept complaints in Spanish, and many offer interpreters.
What to include
- The employer’s name and the exact address or location of the jobsite
- What the hazard is, where it is and how many workers are exposed
- How long it has been going on, and when it happens (shift, time of day)
- Whether anyone has been hurt or had a near miss
- Whether you told the employer, and what they said or did
- Photos or videos, if you can take them safely and legally
- Your contact information, so the inspector can follow up
For an imminent danger, call instead of writing, and say it’s an emergency. See Imminent Danger Situations.
Retaliation complaints: file with both
State plans have their own anti-retaliation laws, and some give you more time than federal OSHA’s 30 days. To protect your rights, many workers file with both the state and federal OSHA within 30 days. See State Whistleblower Laws.
If the state plan doesn’t do its job
Federal OSHA oversees state plans. If you think a state plan mishandled a complaint or an inspection, you can file a Complaint About State Program Administration (CASPA) with your federal OSHA regional office. A CASPA can lead federal OSHA to review the state’s handling, but it doesn’t reopen a case automatically.
Keep a copy. Save your complaint, the date you filed and any reference number. If conditions don’t change, follow up and ask what the agency did.
Standards & references
- OSHA: State plans
- OSHA: File a safety and health complaint
- 29 CFR 1954.20: Complaints about state program administration
- See also: Your Rights as a Worker · State Plans Overview
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