Employers may dread a knock on the door from an Occupational Safety and Health investigator, but in many circumstances, the first contact with OSHA is through a letter rather than an in-person inspection. OSHA often sends employers letters notifying them of the filing of a complaint with the agency and requesting a written response to such allegations. These letters may be sent due to limitations on OSHA’s resources, or in situations where the agency does not have strong suspicions of a serious health or safety issue relating to the complaint.

Some companies are inclined to ignore or to provide a minimal response to OSHA’s inquiries, hoping that the matter will go away. Others respond by attacking the character and reliability of the presumed complaining party instead of focusing on the actual safety complaints. These strategies are likely to backfire on the employer, raising the potential for an in-person follow-up inspection.

As an alternative, employers should treat these letters seriously by providing a thorough and timely response. The response should address each allegation contained in the complaint, explaining the absence of the alleged hazardous condition, or setting forth remedial measures already taken or in progress to address legitimate safety concerns. Where appropriate, the response should include photographs, vendor invoices, or other documentation to confirm representations made in the response. The source of the complaint is usually not relevant to the response and should not be emphasized.

Companies that provide an accurate, serious, and comprehensive response to the complaint usually satisfy OSHA and end the investigation without an in-person inspection or additional review. Although responding to dubious complaints is irritating and requires time and resources, these pale in comparison to the cost and disruption which may result from a full-blown OSHA inspection.

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