Workplace Safety (OSHA) Attorneys

You have several options, and you do not need to choose just one. First, report the hazard to your supervisor or employer's safety officer in writing so there is a record. If the employer does not fix the issue, you can file a confidential complaint with OSHA (federal) or Cal/OSHA (California). In California, Cal/OSHA has authority to conduct unannounced inspections and issue citations with penalties up to $156,259 per willful violation. In New York, the federal OSHA office and the New York Department of Labor enforce workplace safety standards. You can file complaints online, by phone, or by mail, and your identity will be kept confidential. Importantly, under OSHA Section 11(c) and California Labor Code Section 6310, your employer cannot legally retaliate against you for making a safety complaint.

Yes, under limited but important circumstances. Federal OSHA allows you to refuse work if you reasonably believe you face an imminent danger of death or serious physical harm, you have asked the employer to fix the hazard and it has not been corrected, there is not enough time to file a complaint and have OSHA respond, and there is no reasonable alternative. California provides even broader protections under Labor Code Section 6311, which allows employees to refuse work that violates any Cal/OSHA safety order where the violation creates a real and apparent hazard to employees. You do not need to prove the danger was actually imminent — a reasonable, good-faith belief is sufficient. Document the specific hazard and your request for correction before refusing work.

These are two distinct legal mechanisms that serve different purposes. An OSHA complaint is a regulatory action: you report unsafe conditions to a government agency that can investigate, cite the employer, and force corrections. It protects you and your coworkers from future harm. A workers' compensation claim is an insurance benefit: after you are injured on the job, you file a claim to receive medical treatment and wage replacement regardless of fault. Workers' comp generally bars you from suing your employer for negligence, but there are exceptions — such as when the employer committed a serious and willful safety violation (which can double your workers' comp benefits in California under Labor Code Section 4553) or when a third party's negligence contributed to the injury. Filing both an OSHA complaint and a workers' comp claim is common and recommended.

Federal OSHA penalties as of 2024 are: up to $16,131 per serious violation, up to $16,131 per day for failure to abate, and up to $161,323 per willful or repeated violation. Cal/OSHA penalties are even steeper: up to $25,000 for serious violations, up to $156,259 for willful violations, and up to $15,000 per day for failure to abate. Beyond civil penalties, California employers who commit willful violations resulting in death or serious injury can face criminal prosecution, with penalties including up to three years in county jail under California Labor Code Section 6425. In New York, the federal OSHA penalty schedule applies, and employers can face additional state-level enforcement for violations of the New York Labor Law Article 27-a safety and health act.

Absolutely. Federal OSHA Section 11(c) prohibits retaliation against employees who report safety hazards, file OSHA complaints, participate in OSHA inspections, or exercise any right under the OSH Act. You must file a retaliation complaint with OSHA within 30 days of the adverse action. California provides stronger protections under Labor Code Section 6310, which prohibits retaliation for making any oral or written complaint about workplace safety — even an internal complaint to your supervisor. The statute of limitations is longer in California, and remedies include reinstatement, back pay, and reimbursement of costs. In New York, Labor Law Section 740 (the whistleblower statute) provides additional protections with a two-year statute of limitations and broader remedies including front pay and compensatory damages.