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.

Where does my complaint go?

Your situationFile 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 plansThe 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, anywhereFederal OSHA (and your agency’s safety office)
Some maritime work, military bases and federal enclaves, even in state plan statesUsually 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

What to include

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

Last updated: