To file a complaint about occupational health and safety in California, workers need to file with the Division of Occupational Safety and Health (DOSH). If workers experience retaliation as a result of engaging in protected activity, workers would then have to file a retaliation complaint with the Labor Commissioner at the Division of Labor Standards Enforcement (DLSE).
Cal/OSHA
-
Part 1.2: “Cal/OSHA”
DLSE
-
(this is the handout that Cal/OSHA should be providing to workers when they inspect worksites)
-
DLSE Retaliation Complaint Form and Instructions
Federal OSHA
Workers can also dual file their health and safety complaints with Federal OSHA and their retaliation complaints with the Whistleblower Protection Program.
Options to Address Retaliation
The DLSE and Federal 11(c) processes are only two remedies for addressing retaliation. There are multiple other avenues available to workers including collective action and concerted activity, worker organizing, and utilizing media pressure.
| Individual | Collective Action |
|---|---|
| DLSE Complaint | Implement Fairfax Memo |
| Union Grievance (if unionized) | Engage in Collective Action |
| Labor Code 6310 & 6311 | NLRB Complaint |
| OSHA 11(c) | Media Campaign |
| NLRB Complaint | Organizing Campaign |
National Labor Relations Board (NLRB) and National Labor Relations Act (NLRA)
-
PWWER Fact Sheet
-
NLRB Complaint Form
-
Processing an Unfair Labor Practice Complaint
