COVID Complaints: Will You Be Inspected by OSHA?
What is OSHA planning to do with all of the COVID-related employee complaints? A new enforcement directive lines out who will be inspected and who won't.
Updated 5/22/2020
With tensions somewhat high about the COVID-19 pandemic, OSHA has experienced quite an increase in the number of whistleblower complaints from workers. As a result, OSHA has published some enforcement guidance to their inspectors on how to handle these complaints.
⚡ TL;DR: OSHA categorizes facilities into High, Medium, and Low COVID-19 risk groups. High-risk facilities (hospitals, nursing homes) are most likely to be inspected. If you receive an investigation letter, respond within the deadline, investigate the complaint, take corrective action, post the letter, and document everything. Failure to respond may trigger an on-site inspection.
Employee Complaints
OSHA complaints over the past few months have centered mostly on two issues. One, a lack of PPE such as respirators, gloves, gowns, etc. The other is on the lack of training a company may have given their employees on the standards and COVID in the workplace.
⚠️ What’s at stake: OSHA penalties for failing to respond to complaint investigation letters typically lead to on-site inspections, which commonly result in citations. Documented PPE or training gaps can yield multiple serious violations, each carrying penalties from $5,000–$15,000. Repeated violations double the penalty.
OSHA Puts Employers in One of 3 Risk Groups
High Risk - These are medical-related facilities with a high risk of coming into contact with the virus. These could include hospitals, emergency rooms, medical centers, nursing homes, postmortem facilities, or labs.
Medium Risk - These facilities have high contact with the general public or are densely staffed so that it would be difficult to maintain a 6 ft. distance. Facilities with contact with international travelers would also fall into this group.
Low Risk - These facilities have little contact with the general public and don’t provide a lot of frequent close contact where it’s not a problem to maintain a 6 ft. distance.
Inspections
Originally, only the High Risk category of facilities were planned for inspection unless something drastic happened in one of the other facilities, such as a COVID-related fatality. However, there was backlash to this policy from union and industry groups, prompting OSHA to modify it to add the possibility of conducting inspections at other facilities.
What to Expect in an Investigation Letter
OSHA will inform you of the complaint that has been made, and it will be your company’s responsibility to investigate the complaint, determine results and respond by a certain date, provide backup documentation, provide corrective actions taken or to be taken, post the letter, and sign a certificate that you posted the letter.
If you do not respond to the letter, then you may get inspected.
Have you received an OSHA complaint investigation letter? Do you need to respond quickly with proper documentation of corrective actions? iSi Environmental can help you prepare a thorough response and ensure your PPE and training programs are documented. Get OSHA letter support →
💰 The cost of non-compliance: Failing to respond to OSHA investigation letters typically triggers on-site inspections leading to multiple citations. Average penalties for serious COVID-19 violations range from $30,000–$75,000 total. Full-scope OSHA inspections cost facilities $50,000–$250,000 in remediation and operational disruption.
Frequently Asked Questions
Q: How does OSHA prioritize COVID-19 whistleblower complaints for inspections?
OSHA categorizes facilities into three risk groups: High-Risk (hospitals, nursing homes, emergency rooms, labs), Medium-Risk (public-facing businesses, densely staffed facilities, international traveler contact), and Low-Risk (minimal public contact, easy 6-foot distancing). Originally, OSHA prioritized inspections at high-risk facilities, but later expanded to conduct inspections at other risk levels. All employee complaints are investigated, though high-risk facilities receive higher inspection priority. iSi Environmental helps facilities respond to OSHA complaint investigation letters and implement corrective actions.
Q: What should a facility expect when OSHA issues an investigation letter for a COVID-related complaint?
OSHA will describe the specific complaint, and the facility must investigate within a specified deadline, determine findings, respond with documentation, describe any corrective actions taken or planned, post the letter visibly to all workers, and sign a certificate confirming posting. Failure to respond to an investigation letter may trigger an OSHA inspection. This process allows facilities to resolve complaints without on-site inspection if they can demonstrate proper investigation and corrective action. iSi Environmental helps facilities prepare thorough, timely responses to OSHA investigation letters.
Q: What are the most common COVID-related complaints OSHA receives from employees?
The most common complaints involve lack of PPE (respirators, gloves, gowns) and inadequate training on workplace safety standards and COVID-19 procedures. Employees file complaints when they believe their employer failed to provide proper protection or training. These complaints trigger OSHA investigations regardless of facility risk level. Employers must respond with evidence of PPE availability and training documentation. iSi Environmental helps employers implement comprehensive PPE and training programs to prevent and address employee complaints.
Q: What happens if an employer does not respond to an OSHA investigation letter?
Failure to respond to an OSHA investigation letter typically results in an OSHA inspection being scheduled. An inspection allows OSHA to directly assess workplace conditions, interview employees, and potentially issue citations if violations are found. Responding promptly to investigation letters, even with corrective action plans, is far preferable to undergoing an inspection. iSi Environmental ensures employers submit timely, thorough responses that demonstrate their commitment to worker safety.
Every satisfactory complaint response and safety program starts with proper documentation and swift action. iSi Environmental helps industrial and manufacturing facilities across Kansas, Oklahoma, and Texas respond to OSHA complaints, implement corrective actions, and maintain compliance. Schedule complaint response support →
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