In all aspects of life, one thing that can’t be denied is following the health and safety rules. When it comes to following these rules in the workplace, the law requires that the right strategy to be followed. Every employer in California is responsible for complying with the health and safety standards to ensure the safety of his/her employees. According to the California Occupational Safety and Health Act (OSHA), any worker can file a complaint. This is because each has a role to play in making sure no one is being subjected to unsafe workplace safety issues. If you think your employer has failed to adhere any kind of safety precaution, such as the use of spill kits, of which you can see examples here, then you should be prepared to file a complaint.

Your Workplace Health And Safety Rights

If an employee believes there is a serious hazard and the employer is doing nothing about it, he/she has some rights that should be exercised:

  • The right to refuse any work that violates your safety and health standards rules. You can find labor lawyers in Orange County Ca who can give you some legal advice to be sure that you are on the right track. One of the examples where you may refuse to work could be being forced to perform your duties in an environment with a high risk of poisonous substances. You may refuse the work if your employer isn’t taking any step to ensure the unsafe conditions are corrected.
  • You have the right to be protected even when working outside the work premises, such as in demolition or construction sites.
  • You have the right to file a confidential safety and healthy complaint.
  • Right to take part in any hearing to discuss any objection you or your employer may have
  • Right to know the outcome of the OSHA inspection
  • Right to participate in the development of new standards

You also have some rights that need to be exercised by your employer. Some of them include:

  • To be appropriately trained on the health and safety precautions at the workplace. Your employee should make you aware of any hazard in the workplace. For instance, every hazardous material should be labeled correctly. Again, all OSHA citations should be posted. This should be seen by every worker until the unsafe working condition is abated or three days have elapsed since the posting or whatever comes first.
  • Be adequately trained and supervised when performing your duties
  • Be provided with the necessary proactive gears while performing your duties
  • Not to be retaliated against if you blow the whistle

How Should I File The Complaint

When it comes to health and safety precautions in the workplace, both the employer and the employee have a duty to play. This is because a worker can’t just act negligently when carrying out typical responsibilities. The OHSA is to ensure there is a reliable internal responsibility system where everyone is to play a role in keeping the workplace safe. Nonetheless, in California, the employer is supposed to make special efforts to ensure the workplace is safe. Thus, it’s important first to make sure the workplace conditions can amount to a claim. Before taking a step to report the issue, you may:

  • Discuss your grievances with your immediate supervisor or manager
  • Consult to make sure you may have a claim. In such a case, it always advisable to consult a labor lawyer who has dealt with such cases before. If your lawyer deems it fit for you to file a complaint, you should follow instructions to ensure the process moves smoothly. They include:
  • Indicate the type of complaint you’re filling depending on the kind of duties you perform
  • Download and fill out the health and safety compliant online or,
  • Call the OSHA offices to report the violation

If you have a lawyer, he/she will help you follow up on the complaint about workplace safety and health issues. According to OSHA law, those in-state plan states should file their complaint following the state laws and not the federal one.

OSHA Health And Safety Rules Are Complicated

If you have been subjected to unsafe working conditions at your workplace, you should make a step of filing a complaint. No one will reveal your identity. If an inspection is carried out, you have the right to receive the results. If you still feel that your rights are not taken care of, you still have a chance to review the determination. California’s health and safety laws are known to be the most rigorous ones. Thus, one requires thorough knowledge if he/she decides to file a complaint.Although OSHA provides general safety standards, some of these standards may only apply to specific industries. This can be very tricky, especially to a common man who doesn’t know anything about the law. To ensure one files a successful complaint, it would be better to look for an experienced labor lawyer.


Northern girl Laura is the epitome of a true entrepreneur. Laura’s spirit for adventure and passion for people blaze through House of Coco. She founded House of Coco in 2014 and has grown it in to an internationally recognised brand whilst having a lot of fun along the way. Travel is in her DNA and she is a true visionary and a global citizen.

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