Your employer cannot fire you for reporting safety hazards. OSHA protects your right to a safe workplace. Learn how to report violations, what happens during inspections, and how to fight retaliation.
A workplace safety violation happens when your employer doesn't follow federal safety rules set by OSHA—the Occupational Safety and Health Administration. These aren't just bureaucratic technicalities. They're standards written because workers died or got seriously hurt when companies cut corners on safety. In fiscal year 2024 alone, federal OSHA investigated 826 worker deaths and received reports of 527,116 workplace injury and illness cases from employers across America.
Every employer in America must provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm." That's the General Duty Clause, Section 5(a)(1) of the OSH Act, and it's federal law. Beyond that broad requirement, OSHA has specific standards for different industries covering everything from how high a guardrail should be (42 inches minimum) to exactly which respirator you need around particular chemicals. When employers violate these standards, OSHA can assess penalties up to $165,514 per willful violation as of 2025.
Common violations? Missing guardrails on elevated platforms (6,307 citations in 2024—the #1 violation for 14 consecutive years). No safety training for hazardous chemicals (2,888 citations). Broken equipment that management knows about but hasn't fixed. Inadequate respiratory protective gear (2,470 citations, jumped from 7th to 4th place in 2024). Blocked emergency exits. Exposed electrical wiring. Missing lockout/tagout procedures on machinery. The list goes on, but the pattern's the same—employers who prioritize speed and profit over keeping you safe. Falls alone killed 189 construction workers in FY 2024, though this represents a 20% decrease from the prior year thanks to increased enforcement.
Here's what matters most: if you see something unsafe, you have an absolute right to report it. Not just internally to your supervisor (though that's often the first step), but directly to OSHA at 1-800-321-OSHA or osha.gov. And your employer cannot legally retaliate against you for doing so—that's Section 11(c) whistleblower protection. If they fire you, demote you, or take any adverse action for reporting, you can recover back pay, compensatory damages, punitive damages, and attorney fees. Recent 2024 settlements ranged from $14,945 to $184,018 for workers who were illegally retaliated against. That protection is the foundation of workplace safety in America.
The Occupational Safety and Health Act of 1970 gives you specific, enforceable rights that cannot be waived. You can request an OSHA inspection if you believe there are unsafe conditions—file online at osha.gov or call 1-800-321-OSHA. You can participate in that inspection and speak privately with the OSHA Compliance Safety and Health Officer (CSHO) without your supervisor present. You can file a complaint anonymously, or better yet, provide your name but request that OSHA keep your identity confidential from your employer (this allows OSHA to contact you for follow-up while protecting you from being identified to management).
Most importantly, you're protected from retaliation by Section 11(c) of the OSH Act. This federal law makes it illegal for employers to fire, demote, transfer, reduce pay, deny promotion, or otherwise discriminate against you for: reporting safety concerns (to OSHA or internally to management), filing OSHA complaints, participating in OSHA inspections, raising health and safety issues with your employer, filing or testifying in workers' comp claims, or refusing to work under conditions you reasonably believe pose imminent danger of death or serious injury. Recent 2024 enforcement demonstrates this protection is real—W-L Construction paid $184,018 for retaliation, Metro-North paid $250,000 in punitive damages, and the U.S. Department of Labor has filed nine federal lawsuits against the U.S. Postal Service for firing probationary workers who reported injuries.
The retaliation protection is strong but time-sensitive. If your employer takes adverse action against you for safety-related activities, you have just 30 days from the retaliation to file a whistleblower complaint with OSHA. This deadline is strictly enforced—miss it and you lose federal protection under Section 11(c), though you might still have state law options or other federal statutes depending on your industry.
You also have the right to: review OSHA citations issued to your employer (they must post citations at or near the violation location for 3 days or until the hazard is corrected, whichever is longer), access your own exposure and medical records (within 15 working days of your request), receive training about workplace hazards in a language you understand, and review your employer's OSHA 300 Log of work-related injuries and illnesses (you can request this from February 1 - April 30 each year for the previous year's log). If you're injured on the job, your employer must record it in their OSHA injury log within 7 calendar days—and cannot retaliate against you for reporting that injury or filing a workers' compensation claim.
OSHA classifies violations by severity, which determines the penalty amount. Understanding these categories helps you assess the seriousness of hazards in your workplace:
The employer intentionally and knowingly violated OSHA standards, or showed plain indifference to employee safety. This is the most serious category. Example: Management was specifically told that a machine guard was missing and poses a serious injury risk, but they decided not to fix it to avoid production downtime.
2025 Penalty: Up to $165,514 per violation
The same or substantially similar violation was cited before (typically within 5 years). This shows a pattern of non-compliance. Example: A construction company was cited for fall protection violations in 2022, corrected it, then was found with the same violation at a different site in 2025.
2025 Penalty: Up to $165,514 per violation
There's substantial probability that death or serious physical harm could result from the hazard, and the employer knew or should have known about it. This is the most common citation type. Example: Workers on a roof with no fall protection, or exposed to chemicals without proper respiratory equipment.
2025 Penalty: Up to $16,550 per violation
The violation has a direct relationship to job safety and health, but probably wouldn't cause death or serious harm. Example: Inadequate record-keeping, missing safety data sheets in a location where they're not immediately needed, or minor labeling issues.
2025 Penalty: Up to $16,550 per violation
Technical violations that have no direct or immediate relationship to safety or health. These result in no penalties, just notification. Example: A safety poster is displayed but in slightly the wrong location, or paperwork has a minor formatting error that doesn't affect its usefulness.
2025 Penalty: No monetary penalty
The employer didn't correct a previously cited violation by the deadline specified in the citation. This shows continuing non-compliance even after OSHA intervention. These penalties can add up quickly—they're assessed per day beyond the correction deadline.
2025 Penalty: Up to $16,550 per day beyond abatement date
Every year OSHA publishes its "Top 10" most frequently cited violations based on federal inspections from the previous fiscal year. These represent thousands of citations across American workplaces—in FY 2024, these top 10 violations alone accounted for over 25,000 citations. Encouragingly, total violation counts decreased from 2023 for all top 10 standards, suggesting that enforcement and education are working. If you work in construction, manufacturing, warehousing, or general industry, you've likely encountered several of these hazards. Here's what OSHA found most often in 2024:
6,307 citations in FY 2024. Missing guardrails, no personal fall arrest systems, unprotected holes, improper scaffolding. Falls are the #1 cause of construction deaths. Federal OSHA fall fatality investigations dropped 20% in 2024 (189 vs 234).
2,888 citations in FY 2024. Missing Safety Data Sheets (SDS), chemicals not properly labeled, inadequate training on chemical hazards, no written hazard communication program. Protects workers from chemical exposures.
2,573 citations in FY 2024. Using damaged ladders, improper ladder angle or setup, ladders not extending 3 feet above landing, no training on safe ladder use. Moved up in top 10.
2,470 citations in FY 2024 - jumped from 7th to 4th place. No respirators provided when needed, improper fit-testing, using wrong respirator type for the hazard, lack of medical evaluations for respirator use.
Moved up to #5 in FY 2024. Not de-energizing machinery during maintenance, missing lockout devices, inadequate procedures, no periodic inspections of energy control procedures. Prevents electrocution and machinery startup injuries.
2,248 citations in FY 2024. Operating forklifts without proper certification, no refresher training, unsafe operating practices, pedestrian safety issues in warehouses. Common in distribution and manufacturing.
2,050 citations in FY 2024. No training on fall hazards and prevention, inadequate training documentation, not retraining after incidents or when hazards change. Complements #1 general fall protection requirement.
1,873 citations in FY 2024. Improper scaffold construction, missing toe-boards or guardrails, inadequate planking, no fall protection on scaffolds over 10 feet. Critical in construction and maintenance work.
1,814 citations in FY 2024. Not providing safety glasses or face shields where needed, wrong protection for the hazard, no assessment of workplace hazards to determine PPE needs. Prevents eye injuries from debris, chemicals, and welding.
Consistently in top 10. Missing guards on moving machinery parts, employees can access point of operation, inadequate barrier guards, exposed belts, chains, or gears. Prevalent in manufacturing.
If you recognize any of these violations in your workplace, you have the right to report them to OSHA—file online at osha.gov, call 1-800-321-OSHA, or request confidentiality to protect your identity from your employer. Each violation on this list represents actual deaths and serious injuries at other companies. For imminent danger situations (where death or serious injury could occur immediately), call OSHA right away rather than filing online. OSHA typically responds to imminent danger complaints within 24 hours, and serious hazard complaints within 3-5 days. Your report could save your life or a coworker's life.
Filing an OSHA complaint is straightforward and free. You have several options, depending on your situation and preference:
Visit osha.gov and complete the online complaint form. This is the fastest method for non-emergency situations. You'll need to provide:
Call 1-800-321-OSHA (6742) during business hours. For imminent danger—situations where there's reasonable certainty that a danger exists that could cause death or serious physical harm immediately or before OSHA could investigate—call immediately. Don't wait to file online.
OSHA defines imminent danger as: "Any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately, or before the danger can be eliminated through normal enforcement."
Download the OSHA complaint form, fill it out, and mail or fax it to your regional OSHA office. This method provides space for extensive detail and allows you to attach photos, documents, or other evidence. Find your regional office at osha.gov/contactus.
Visit your local OSHA office in person to file a complaint and speak directly with compliance staff. This can be helpful if you have complex concerns or want to ensure your complaint is properly understood. Bring any documentation, photos, or evidence you have.
Anonymous: You don't provide your name at all. OSHA will investigate, but cannot contact you for follow-up questions or updates. This may limit the investigation's effectiveness.
Confidential (Recommended): You provide your name, but request that OSHA keep it confidential from your employer. This allows OSHA to contact you while protecting you from being identified to management. Check the confidentiality box on the form or specifically request it when calling.
Section 11(c) of the OSH Act provides powerful protection against retaliation. Your employer cannot take adverse action against you for exercising your safety rights. This protection is broad and covers more than just formal OSHA complaints.
Protected activities include: Filing an OSHA complaint (formal or informal), participating in an OSHA inspection or investigation, raising safety concerns with your supervisor or employer, filing a workers' compensation claim, refusing to work under conditions you reasonably believe pose imminent danger of death or serious injury, testifying in OSHA proceedings, and reporting work-related injuries or illnesses.
Prohibited retaliation includes: Firing or layoff, demotion or job reassignment, reduction in pay or hours, denial of overtime or promotion, disciplinary action, threats or intimidation, blacklisting with other employers, reporting or threatening to report your immigration status, and constructive discharge (making conditions so unbearable you're forced to quit).
If you believe you've been retaliated against, you must file a whistleblower complaint with OSHA within 30 days of the adverse action. This deadline is strict. After 30 days, OSHA cannot investigate your retaliation claim under federal law (though you may have state law options).
File online at osha.gov/whistleblower, call 1-800-321-OSHA, or visit your regional OSHA office. Don't wait—if you're unsure whether something constitutes retaliation, file the complaint and let OSHA investigate.
When you file a whistleblower complaint, OSHA's Whistleblower Protection Program investigates. They'll interview you, your employer, and witnesses. If they find reasonable cause that retaliation occurred, they can order your employer to reinstate you, pay back wages and benefits, pay compensatory damages (for emotional distress, damage to reputation), pay your attorney fees, and even face additional penalties.
Whistleblower settlements vary based on lost wages, career damage, emotional distress, and whether the employer's conduct was particularly egregious. Recent 2024 OSHA whistleblower settlements demonstrate the range: W-L Construction & Paving Inc. (a subsidiary of CRH Americas) paid $184,018 total ($58,318 back wages and interest, $115,694 compensatory damages, $10,000 punitive damages) to a truck driver fired in September 2023 for reporting that assigned loads left them fatigued and endangered public safety; Metro-North paid $250,000 in punitive damages to a former coach cleaner who was retaliated against for reporting a work injury; Crane Masters Inc. was ordered to pay $14,945 in back pay, interest, and compensatory damages after firing a truck driver on June 5, 2020 for refusing to exceed federal safe driving limits; and the U.S. Postal Service has faced nine federal lawsuits since 2020 for firing probationary employees who reported work injuries.
These settlements often include reinstatement to your job (if desired), back pay from termination through resolution (typically 12-18 months), compensatory damages for emotional distress and reputation harm ($40K-$120K typical), punitive damages for particularly willful employer conduct (up to $250K), and attorney fees paid by your employer (so hiring a lawyer doesn't reduce your award). What matters: if you're retaliated against, you have enforceable legal recourse. Act quickly—you have only 30 days from the adverse action—document everything (emails, termination letter, timeline, witnesses), and consult an employment attorney who handles OSHA whistleblower cases.
Understanding your compensation options can be confusing because there are different legal pathways depending on what happened to you. Let me break down the main scenarios:
Primary remedy: Workers' Compensation. This is a no-fault system—you don't have to prove your employer was negligent. Workers' comp covers medical expenses (100% of reasonable costs), wage replacement (typically 2/3 of your average weekly wage while unable to work), permanent disability benefits if you have lasting impairment, and vocational rehabilitation if you can't return to your previous job.
The trade-off: you generally cannot sue your employer for additional damages, even if their safety violation directly caused your injury. Workers' comp is your "exclusive remedy" in most states.
Exception: In rare cases involving gross negligence, intentional harm, or if your employer doesn't carry required workers' comp insurance, you may be able to file a personal injury lawsuit. Consult a workers' comp attorney about your specific situation.
Primary remedy: OSHA Whistleblower Complaint. This is separate from workers' comp and allows you to recover damages for the retaliation itself. Potential compensation includes:
Remember: 30-day deadline from the adverse action. File with OSHA's Whistleblower Protection Program immediately if you believe you've been retaliated against.
Direct compensation to you: None. OSHA penalties are paid to the government, not to the employee who filed the complaint. However, you've still benefited yourself and your coworkers by:
If your injury was caused by someone other than your employer—such as a defective product manufacturer, a negligent contractor on a multi-employer worksite, or a property owner where you were working—you may be able to pursue a personal injury lawsuit against that third party in addition to receiving workers' comp from your employer.
Example: You're injured by a defective machine. You get workers' comp from your employer, but you can also sue the machine manufacturer for product liability. These cases can result in much larger compensation than workers' comp alone.
When OSHA cites your employer and assesses penalties (up to $165,514 per willful violation), that money goes to the U.S. Treasury, not to you. OSHA is a regulatory agency, not a compensation system for injured or retaliated workers.
Your compensation comes through workers' comp (for injuries), whistleblower claims (for retaliation), or personal injury lawsuits (in limited circumstances). These are separate legal proceedings from OSHA's enforcement action.
If OSHA decides to investigate your complaint or conducts a random inspection, here's how the process typically works:
The OSHA Compliance Safety and Health Officer (CSHO) arrives at your workplace and presents credentials to management. They explain the reason for the inspection (complaint, programmed inspection, referral, or follow-up). Your employer can request a warrant, which may delay the inspection by a day or two, but OSHA can easily obtain one.
If you filed the complaint and want to participate, you can request to join the opening conference. OSHA will keep your identity confidential if you previously requested confidentiality.
The CSHO tours the workplace, examining the areas mentioned in the complaint (or the entire facility for programmed inspections). They take photos, measurements, and notes. They may use monitoring equipment to test air quality, noise levels, or other environmental factors. Employees have the right to point out hazards to the inspector.
Your rights during walkaround: You can speak privately with the OSHA inspector (away from management). You can point out additional hazards beyond those in the complaint. You cannot be retaliated against for participating. If the inspector wants to interview you, you can request that management not be present.
The employer may have a representative present during the walkaround. Union workplaces typically have an employee representative (union rep) accompany the inspector as well, ensuring both sides are represented.
The CSHO may interview employees privately about safety conditions, training they've received, and hazards they've observed. These interviews are confidential—management doesn't have the right to be present and won't be told specifically what you said (though they may infer from the questions asked or citations issued).
Be honest with the inspector. They're there to help ensure your safety. If you're afraid of retaliation, tell them—that's additional evidence of a retaliation claim if your employer does take action.
OSHA reviews required records including the OSHA 300 Log (injury and illness records), training documentation, safety data sheets (for chemical hazards), maintenance records, and any other relevant safety documentation. Inadequate record-keeping itself can be a violation.
After the inspection, the CSHO meets with employer representatives (and employee representatives if requested) to discuss findings. They don't issue citations at this meeting—that comes later after the Area Director reviews the case. However, they may indicate potential violations and approximate timeframes for correcting hazards.
You have the right to participate in the closing conference or meet separately with the CSHO to discuss findings. Request this if you want to ensure your concerns were fully addressed.
Within 6 months of the inspection (usually much sooner), OSHA issues citations if violations were found. Each citation lists the specific standard violated, the proposed penalty, and the deadline for correction (abatement). Citations must be posted at or near the violation location so all employees can see them.
Your employer has 15 working days to contest the citation or comply. If they contest, it goes to the Occupational Safety and Health Review Commission for an administrative hearing. If they don't contest, the citation becomes a final order.
OSHA may conduct follow-up inspections to verify that cited violations were corrected by the abatement deadline. If not, additional "failure to abate" penalties apply ($16,550 per day in 2025).
OSHA adjusted its penalty amounts for 2025 (effective January 15, 2025) to account for inflation. Here are the current maximum penalties:
Maximum penalty per violation (up from $161,323 in 2024)
This applies when an employer intentionally violates OSHA standards or has been cited for substantially similar violations before. These penalties add up fast—each separate violation gets its own penalty.
Maximum penalty per violation (up from $16,131 in 2024)
Most common citation type. A "serious" violation has substantial probability of causing death or serious harm. The actual penalty depends on the violation's gravity (high, moderate, or low).
Maximum penalty per day beyond abatement date
If your employer doesn't fix a cited violation by the deadline, these daily penalties start accumulating. A violation left uncorrected for 30 days could result in nearly $500,000 in additional penalties.
No monetary penalty
Technical violations with no direct impact on safety or health. The employer is notified but no penalty is assessed. These are rare—most violations that warrant a citation also warrant a penalty.
OSHA introduced new penalty reduction policies in 2025 to support smaller businesses and encourage quick hazard correction:
For serious violations, OSHA assesses penalties based on the hazard's gravity:
Then OSHA applies reductions based on employer size, good faith (safety programs in place), and inspection history. The final penalty can be significantly lower than the maximum.
Estimate your potential compensation based on your situation. This calculator considers workers' compensation (if injured) and retaliation damages (if you were fired or demoted for reporting violations).
Get an estimate of your potential compensation
If you were fired, demoted, or otherwise retaliated against for reporting safety violations, you must file an OSHA whistleblower complaint within 30 days of the adverse action. Don't delay—this deadline is strictly enforced.
Safety laws vary by jurisdiction - federal OSHA sets baseline standards, but state-plan states like California have stricter rules. Our AI analyzes your jurisdiction's specific safety regulations, guides you through the complaint process, and protects you from retaliation. You have the right to a safe workplace - don't wait for someone to get hurt.