Every worker in Arizona has the right to a safe workplace. If an employer fails to meet that standard, employees do not have to just accept the risk without legal recourse. Federal law protects your right to report unsafe working conditions in these circumstances, as does Arizona state law.
Nonetheless, many workers hesitate to take that step because they are unsure how the process works. Others worry about what might happen to them at work if they speak up. This article walks through how to file a workplace safety complaint in Arizona and how an employment attorney can help.
Arizona Operates Its Own OSHA Program
Arizona does not rely on the federal Occupational Safety and Health Administration to enforce workplace safety standards. Instead, the state runs its own program through the Arizona Division of Occupational Safety and Health, commonly known as ADOSH. This agency is part of the Industrial Commission of Arizona and covers both private-sector and public-sector employers across the state.
ADOSH enforces workplace safety standards that are at least as effective as federal OSHA’s requirements while also enforcing certain Arizona-specific regulations. The agency also enforces a few additional rules that are specific to Arizona. If you file a complaint about unsafe conditions at a job site in this state, ADOSH is the agency that will handle it.
Who Can File a Complaint?
Anyone can file a workplace safety complaint with ADOSH. You do not need to be a current employee of the company in question. Former employees can file, as can concerned members of the public. If you choose to remain anonymous, the agency will accept your complaint on that basis as well.
That said, the type of complaint you file does affect how ADOSH responds. A formal complaint must be put in writing, signed by a current employee or their representative, and must describe a specific hazard that threatens physical harm. This type of complaint will generally trigger an on-site inspection by an ADOSH compliance officer.
A nonformal complaint is one that does not meet all of those requirements. ADOSH may still act on it, but the response could be limited to a letter sent to the employer asking for proof that the hazard has been corrected.
How to Submit Your Complaint
ADOSH offers several ways to file. You can submit a complaint online through the Industrial Commission of Arizona’s website. You can also fill out and submit the OSHA-7 form by mail, fax, or in person at the ADOSH office in Phoenix. If you prefer to report a hazard by phone, you can reach ADOSH at (602) 542-5795.
When filling out your complaint, try to include as much detail as you can. A complete complaint will typically cover the following:
- A clear description of the hazard itself
- The specific location of the hazard within the worksite
- Any recent accidents or injuries connected to the hazard
- Physical symptoms that workers at the site have experienced
The more detail you provide, the easier it will be for ADOSH to evaluate the situation and take action.
What Happens After I File?
Once ADOSH receives your complaint, a supervisor will review it. They will look at whether the complaint is valid and how serious the alleged hazard appears to be. From there, ADOSH will take one of two paths.
For serious complaints, ADOSH will assign a compliance officer to conduct an unannounced inspection at the worksite. During the inspection, the officer will look for hazardous conditions and determine whether the employer is violating any safety standards. If violations are found, ADOSH can issue citations. The employer will then be required to correct the problem and document the steps they took to do so.
For less serious complaints, ADOSH may handle the matter through an inquiry rather than a full inspection. This typically involves sending a letter to the employer describing the reported hazard and requesting a written response explaining how it has been addressed. ADOSH will not close the complaint until it confirms the hazard has been eliminated.
Your Right to Be Protected From Retaliation
Arizona law makes it illegal for your employer to punish you for reporting a safety concern. Per A.R.S. § 23-425, employees who face termination or any other form of workplace discrimination for filing a complaint have the right to take legal action. However, you must act quickly. The law requires you to file a retaliation complaint with ADOSH within 30 calendar days of the adverse action.
Federal OSHA also retains enforcement over anti-retaliation claims in Arizona’s private sector under Section 11(c) of the Occupational Safety and Health Act. That gives workers an additional layer of protection beyond what the state provides on its own.
Contact the Phoenix Employment Lawyers at Houk Employment Attorneys for Help Today
Filing a workplace safety complaint should never put your job at risk. If your employer retaliated against you after you reported unsafe working conditions or exercised your workplace rights, Houk Employment Attorneys can help. Our experienced Phoenix employment attorneys understand Arizona retaliation laws and are prepared to protect your rights.
Contact us today at (480) 569-2377 for a consultation to discuss your situation and your legal options.
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
