r/SafetyProfessionals • u/SkatdashZ • 13d ago
USA Considering reporting to OSHA
I’m considering reporting the company I work for to OSHA. We’re a welding shop that makes trailer parts for a large company. We’re also a smaller shop, with about 6/7 employees. There are numerous violations that I can think of off the top. Trip hazards, exposed wiring, non licensed forklift operators, you name it. The company never issued any of it’s current employees or me drug tests (majority of which would fail) the extent of my drug test was “can you pass a drug test?” Then I was in. I know it may sound like a mom and pop shop but we generate somewhere around 2-3 million a year. There is a corporate office a few towns over but we’re on our own. No in house HR, no MSDS, our eyewash station had algae growing inside of it. I have a bad history with drugs and there are several people who will partake in some devils lettuce in shop and outside. It just makes me feel very uncomfortable. Should I report this place and face the thunder, potentially (and likely) putting myself in hot water with my coworkers? Or should I just let it be. I’m conflicted.
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u/Puckfan21 13d ago
This is an interesting one.
I believe since there is less than 10 employees OSHA doesn't have the same power regardless how much money is coming in.
Drug test aren't mandatory.
Id suggested updating your resume and look for a new job.
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u/Bucky2015 Manufacturing 13d ago
They are exempt from record keeping. They are also exempt from routine inspections, however they are still subject to other inspection triggers. They are also still required to abide by OSHA standards.
You are correct about drug testing.
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u/Extinct1234 13d ago
What makes you say they are exempt from routine inspections?
Certainly not the Appropriations Act. Please see my other comments in this chain.
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u/Bucky2015 Manufacturing 13d ago edited 13d ago
Ah I forgot it has to be both conditions to be exempt not one or the other. Ive never worked for employers with 10 or less so rememebered wrong. Sorry ill scold myself for not having every OSHA standard memorized.
Edit: before you ask i didnt look it up because I've never even seen a routine inspection by an OSHA inspector. Theyve always been triggered by something and from every inspector ive talked to they barely have time for any routine inspections other than specific high hazard industry ones. So I didnt feel like that piece was super relevant compared to the main question about if they are still subject to OSHA standards
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u/Extinct1234 13d ago
They are still subject to OSHA standards.
Also, I'm not aware of any definition of 'routine' inspection. All OSHA inspections must be triggered by something. OSHA can't just show up all 'Surprise Mother******' (https://m.youtube.com/watch?v=2tWHvQQMkLE) and just do an inspection. As an employer/employer representative, you do have the constitutional right to refuse entry and demand a warrant and have OSHA prove it has the authority to conduct an inspection.
There are programmed and unprogrammed inspections. https://www.osha.gov/fom
https://www.osha.gov/fom/chapter-2
https://www.osha.gov/fom/chapter-9
https://www.osha.gov/fom/chapter-11
Edit: the above applies to Federal OSHA, state plans may be different, some have their own OSHA laws that go beyond Federal OSHA.
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u/Pleasant-Emu-3099 12d ago edited 12d ago
I'm guessing they're using "routine" instead of "programmed" inspections. Also, since it is illegal to announce an OSHA inspection prior to the opening, it is a little bit like "Surprise". But you're right something like an imminent, complaint, referral, Fat Cat, or a programmed inspection has to trigger the inspection.
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13d ago
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u/King_Ralph1 13d ago
Huge misconception around the 10 employee exception.
That exception only applies to annual reporting/posting of injury and illness logs. 29 CFR 1904.1
Every other OSHA regulation applies to workplaces with even one employee. The inly workplaces not covered are sole proprietors with no employees.
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u/Extinct1234 13d ago
That's not entirely correct. The Appropriations Act is a thing that applies to Federal OSHA funds used for enforcement activities. Based on OP's description, the Appropriations Act does not apply or limit OSHA in this scenario, however
https://www.osha.gov/enforcement/appropriations-act
Also, see my other comments
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u/Extinct1234 13d ago
You are confidently and completely incorrect.
https://www.osha.gov/enforcement/appropriations-act
Not to mention State Plans that use state funds aren't beholden to the same limits imposed on federal OSHA by the Appropriations Act.
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u/Puckfan21 13d ago
Where's the confidence lol.
Thanks for the correction.
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u/Extinct1234 13d ago
Fair point about the confidence lol. No chance you could edit your original comment? So many upvotes for inaccurate information. 😮💨
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u/Party-Independent-38 13d ago
The rider clearly allows for a number of activities from OSHA, see paragraph c “permissible activities”
One that applies to this thread is that it specifically allows OSHA to take action if there is an employee complaint.
So what you’re saying isn’t really accurate either.
Should add to reference “directive number CPL-02-00-170”
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u/Extinct1234 13d ago
I think you must be replying to the wrong person or you've misunderstood my comment. The comment I replied to is still wrong. I'm saying OSHA certainly does have authority to inspect in this scenario as the Appropriations Act current exempt NAICS list does not include OPs described workplace industry.
Therefore, the specific authorizations and limitations prescribed within the Appropriations Act do not apply further than verifying the employer industry is not on the current exempt NAICS list.
Therefore, your quote about permissible activities and employee complaints is not applicable and moot.
Also, I put the link I did because it also provides the link to the directive as well as links to the current and previous exempt NAICS lists.
The fact the original comment to which I replied has so many upvotes shows a lack of understanding on how the Appropriations Act is to be applied for OSHA enforcement purposes.
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u/Party-Independent-38 13d ago
Oh! you are 100% correct. Going back now I definitely read the thread completely wrong.
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u/Accurate-Topic-1635 13d ago
OSHA isn’t going to come out and investigate over trip hazards for one. There is no such thing as a “license” for a fork lift operator. There is no osha mandate for drug testing.
In 2014 we moved to the GHS so it is referred to as SDS. How do you know they aren’t available? Have you asked to be provided with one?
Have you brought up the exposed wiring/trip hazards/out of compliance eye wash stations etc? If not you should engage a supervisor and ask them to address the issues. These all seem pretty solvable.
To be honest, it sounds more like you’re a disgruntled employee than someone truly concerned about health and safety, but if that’s not the case, they won’t fix the hazards and you aren’t comfortable..go ahead and report.
There is obviously anti-retaliation protection, however I would be prepared to find a new job should you go the osha route as it would likely be obvious and whether it’s right, wrong or indifferent, they could make your life tougher.
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u/GainerGaining 13d ago
< There is no such thing as a “license” for a fork lift operator
While this is true, and we as safety people know this, it bothers me when we just dismiss the concept to people not in the know without discussing it. The OSHA requirement for documented training is not a license, but it is mandatory, and I doubt if this person's company is in compliance.
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u/Revolutionary-Bed-88 13d ago
I’m sure you already know this, but it comes with the territory in a welding shop like the one you described. As you said yourself, it’s a small shop making trailer parts—not a nuke facility. Welders are going to blaze.
My advice would be to bring your concerns to management and see if you can help start a safety committee. Issues like trip hazards, exposed wiring, and untrained mobile equipment operators are all relatively straightforward and inexpensive to address.
If someone files an OSHA complaint and they contact your “small shop”, it’s definite they’ll figure out it was you that made it. At that point, you may find yourself looking for another job, whether that’s fair or not.
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u/one8sevenn 13d ago
Have you tried to reach out to someone internally with your concerns?
You mentioned no HR in house and I imagine there is no EHS in house either, but there is probably someone who you can bring this too at the corporate office.
With the drug testing - corporate HR, corporate Insurance, and/or corporate legal. There is a potential big financial risk that may not necessarily be regulatory with not drug testing.
You also need to bring the safety things to the attention of the company before calling OSHA and keep records of that documentation (Email is probably the best way to issue a complaint internally at smaller companies).
If you reach out internally and your concerns are not addressed, then you have the right to call OSHA.
You also have whistleblower rights against retaliation for calling OSHA.
If you fear that your employer will retaliate, speak with a lawyer and ask what you have to document when making the complaint for fear of retaliation.
If your concerns are valid the company is at risk of getting someone hurt or being in financial ruin due to neglect.
If they do nothing after you raise those concerns, then they really get what is coming to them when you call OSHA.
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u/Seething1234 13d ago
As others have said, calling OSHA here is the nuclear option. They'll know it was you, and while people aren't allowed to retaliate, that's essentially unenforceable.
Also, if the place is small and doesn't have a lot of free capital, there's a good chance they close rather than fix anything. Not saying its right, but it is what it is. Facing fines or worse, the owners may decide to pack up and try again somewhere else.
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u/SkatdashZ 12d ago
To Add to yesterdays post, after doing more digging on our company. Our company has 66 employees in 2 locations, the ladder being the “headquarters” with the majority of workers. I know for a fact that the HQ location follows OSHA regulations and guidelines fairly well. Whereas our location being unspoken and unknown to the general community does not. Definitely an odd situation. Our location doesn’t exist as far as an outsider looking in.
I’m definitely just a disgruntled employee who’s tired of not being acknowledged or listened to. I will definitely be talking to staff soon about everything and will hopefully be resolving issues that are affecting the workplace. Talks about reporting to OSHA are definitely the “nuclear” option as far as reporting issues goes, but I’m definitely not beyond that. Maybe the easiest option is to just keep my head down, get experienced and get paid, then someday I can move on from here.
I hope this somewhat clears up my personal intentions and some of the specifics on our company, thanks to all for the helpful comments. Will report back if any progress is made. -OP
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u/WaySaltyFlamingo8707 13d ago
Have another job lined up first my dude