It is of utmost importance to have detailed information on how workers or others can report unsafe or unhealthy workplace conditions to Cal/OSHA, the California Division of Occupational Safety and Health. Anyone who believes there is a violation of safety or health standards, or an imminent hazard that could cause physical harm, can file a complaint with Cal/OSHA. Complaints filed by employees or their representatives are considered “formal complaints,” while those from others are “non-formal complaints.” The complainant’s identity is kept confidential unless they request otherwise. 

This guide also emphasizes the importance of workers knowing their rights, including the right to file complaints confidentially and protection against retaliation. It encourages collaboration among workers to identify hazards and build strong complaints to ensure workplace safety improvements. 

Understanding Cal/OSHA and Your Rights 

The California Division of Occupational Safety and Health (Cal/OSHA) enforces workplace safety and health standards throughout California, providing workers with stronger protections than federal OSHA in many cases. Under the California Occupational Safety and Health Act of 1973, all employees have the fundamental right to file complaints about workplace safety and health hazards without fear of retaliation. 

Key Protection: The name of any person who submits a complaint to Cal/OSHA must be kept confidential by law, unless the person specifically requests otherwise. This confidentiality protection extends to all complaint details to prevent identification of the complainant. 

 

Who Can File a Complaint 

Cal/OSHA accepts complaints from various sources: 

  • Current employees and their representatives (union representatives, attorneys, health/safety professionals) 
  • Former employees 
  • Members of the public who become aware of workplace hazards 
  • Government agencies 
  • Employers at multi-employer worksites 

Anyone can file a workplace safety or health complaint if they believe there is a violation of a safety or health standard, any danger that threatens physical harm, or an imminent hazard exists. 

Types of Complaints: Formal vs. Non-Formal 

Formal Complaints 

A formal complaint is filed when an employee or employee representative provides their name and contact information. Benefits include: 

  • Higher inspection priority 
  • Onsite inspections for serious violations within 3 working days 
  • Direct notification of investigation results 
  • Copies of any citations issued 

Non-Formal Complaints 

Non-formal complaints are filed anonymously or by individuals who don’t provide their name. These complaints: 

  • Receive lower inspection priority 
  • Are often handled by letter rather than onsite inspection 
  • May result in onsite inspection if employer response is inadequate 

Complaint Priority Classification System 

Cal/OSHA classifies complaints to determine inspection priority: 

  • Imminent Hazard Complaints – Immediate Priority 
  • Definition: Conditions that could reasonably cause death or serious physical harm immediately 
  • Response Time: Investigated immediately 
  • Requirements for Imminent Hazard: 
  • Threat of death or serious physical harm 
  • Reasonable expectation of toxic substance exposure or life-threatening conditions 
  • Immediate or imminent threat (before Cal/OSHA could investigate through normal procedures) 

Formal Complaints – Serious Hazards 

  • Response Time: Onsite inspection within 3 working days 
  • Serious complaints from prosecutors: Investigated within 24 hours 

Formal Complaints – Non-Serious Hazards 

  • Response Time: Onsite inspection within 14 calendar days 

Non-Formal Complaints – Serious Hazards 

  • Response Time: Investigated within 14 calendar days by telephone contact 
  • Follow-up: Complaint notification letter sent within 3 working days 

Non-Formal Complaints – Non-Serious Hazards 

  • Response Method: Investigation by letter requiring employer to investigate and correct hazards 

How to File a Complaint 

Contact Methods 

  • Telephone: Call the Cal/OSHA Enforcement District Office closest to your worksite between 8 am and 5 pm, Monday through Friday 
  • Email or Fax: Contact your local district office directly 
  • Mail: Send written complaint to appropriate district office 
  • Online: Complete complaint forms available on Cal/OSHA website 

Special Complaint Types 

  • Process Safety Management (PSM) Complaints: Use specialized PSM webpage contact information 
  • Mining & Tunneling Complaints: Use Mining and Tunneling webpage contact information 
  • General Hotline: Call 833-579-0927 to speak with a Cal/OSHA representative 

Essential Information to Include in Your Complaint 

While not all information is required, include as much as possible: 

Employer Information 

  • Name, address, and telephone number of employer and worksite 
  • Type of business or industry 
  • Name and job title of worksite manager 
  • Work hours of management 

Hazard Details 

  • Detailed description of the hazard (most important) 
  • Specific location of hazard if worksite is large 
  • Work or operation performed in unsafe area 
  • Equipment, materials, and chemicals used 
  • How and when employees are exposed 
  • How long hazardous condition has existed 

Employee Information 

  • Number of employees at site and exposed to hazard 
  • How close employees are to the hazard 
  • Work tasks performed near hazard 
  • How often and how long employees work at hazardous task 
  • Number of work shifts and timing 
  • Whether employees have been informed/trained about hazards 

Safety Measures 

  • Personal protective equipment required and whether used 
  • Whether employees have been injured or made ill 
  • Any “near-miss” incidents 
  • Tests conducted by employer to determine hazard level 
  • Whether employer knows of hazard and attempts to correct it 

Your Information (Optional but Recommended) 

  • Your name and contact information 
  • Your relationship to employer 
  • Whether you prefer onsite inspection or investigation by letter 
  • Employee bargaining unit representative information if applicable 

Best Practices for Documentation 

Before Filing 

  • Document thoroughly: Take photos, written notes, and gather details about hazards 
  • Keep records: Maintain copies of all complaints and correspondence 
  • Note timing: Record when hazards occur, shifts affected, and duration of exposure 
  • Identify witnesses: Note other employees who can speak to hazards 

Filing Strategy 

  • Limit scope: Focus on 3-4 most serious and immediate hazards 
  • Be specific: Provide concrete, detailed descriptions rather than vague allegations 
  • Include context: Mention previous attempts to address hazards with management 
  • Provide contact: Include name and contact information for additional follow-up 

Cal/OSHA Investigation Process 

Response Methods 

Cal/OSHA can respond in two ways: 

  • Unannounced onsite inspection 
  • Investigation by letter 

The response method depends on the complaint information, including hazard description and severity. 

Investigation by Letter Process 

  • Cal/OSHA sends letter to employer describing alleged hazards 
  • Employer must respond in writing within 14 days 
  • Response must identify problems found and corrective actions taken/planned 
  • Employer posts Cal/OSHA letter in workplace for employee review 
  • If response is inadequate, Cal/OSHA conducts onsite inspection 

Onsite Inspection Process 

  • Opening Conference: Inspector explains inspection scope and procedures 
  • Walkthrough: Inspector examines workplace, takes photographs, reviews records 
  • Employee Interviews: Private interviews with employees about hazards 
  • Closing Conference: Inspector discusses findings and preliminary violations 

Employee Rights During Inspections 

  • Right to accompany inspector during walkthrough 
  • Right to private interviews with inspector 
  • Right to point out hazards and describe accidents/illnesses 
  • Right to inform inspector if conditions are not typical 

After the Investigation 

Inspection Results 

  • With Citations: Copies sent to complainant, employer must post citations at violation location 
  • Without Citations: Complainant receives letter stating no violations found 
  • Investigation by Letter: Employer posts both Cal/OSHA letter and response at affected location 

Citation Information 

  • Description of alleged violations 
  • Proposed penalties (fines) 
  • Deadline for correcting hazards 
  • Classification of violation (serious, willful, repeat, etc.) 

Posting Requirements 

  • Serious violations: Posted at or near each violation location 
  • Other violations: Posted where readily seen by all employees 
  • Duration: Posted for 3 working days or until corrected, whichever is longer 

Current Penalty Structure (2025) 

Cal/OSHA penalties increase annually for inflation: 

Maximum Penalties (2025)

  • General and Regulatory violations: $16,285 
  • Serious violations: $25,000 (unchanged) 
  • Willful and Repeat violations: $162,851 
  • Minimum penalty for Willful violations: $11,632 

Penalty Factors 

Penalties are adjusted based on: 

  • Size of employer 
  • Good faith efforts 
  • History of violations 
  • Gravity of violation 

Getting Help & Additional Resources

If you’re facing workplace safety concerns or retaliation after reporting a hazard, there are resources available to support you. Below are the key avenues for help and guidance in California.

1. Cal/OSHA Consultation Services

Cal/OSHA offers free, confidential consultation services for employers and workers looking to improve workplace safety without triggering enforcement action.

You can contact them for assistance with:

  • Identifying workplace hazards

  • Developing or improving safety programs

  • Understanding compliance requirements

📞 Phone: 800-963-9424
📧 Email: InfoCons@dir.ca.gov

2. Worker Education and Advocacy Support

Several organizations across California provide education and assistance for workers navigating safety complaints or retaliation claims. These include:

  • Labor unions

  • Worker advocacy organizations

  • Community health and safety groups

  • Legal aid services

These groups can help you file complaints, understand your rights, and ensure you’re protected throughout the process.

3. Cal/OSHA District Offices

Cal/OSHA operates local offices throughout the state, organized into four main regions:

  • Region 1: Bay Area (San Francisco, Oakland, Fremont, etc.)

  • Region 2: Northern California (Sacramento, Redding, Modesto, etc.)

  • Region 3: Central/Southern California (Fresno, Santa Ana, San Diego, etc.)

  • Region 4: Los Angeles Area (Los Angeles, Torrance, Van Nuys, etc.)

To find your nearest office, visit the Cal/OSHA website and use their ZIP code locator tool, or call the general hotline for assistance.

Key Takeaways 

Filing a Cal/OSHA complaint is a protected right that can help ensure workplace safety for all employees. Remember these essential points: 

  • Confidentiality is guaranteed – your identity will be protected unless you specifically request otherwise 
  • Formal complaints receive higher priority – provide your name and contact information when possible 
  • Document thoroughly – detailed information leads to more effective investigations 
  • Retaliation is illegal – report any adverse actions taken against you for filing complaints 
  • Follow up is important – stay engaged with the process to ensure hazards are corrected 
  • Professional help is available – unions, advocacy organizations, and legal aid can assist with complex cases 

By understanding your rights and following proper procedures, you can help create safer workplaces for yourself and your coworkers while maintaining the legal protections California law provides.