In this guide8 sections
A July 2025 California State Auditor report found that Cal/OSHA handled most valid safety complaints by letter rather than by visiting the worksite, and did not inspect on-site after most reported accidents. That does not change your rights. It means you should file complaints in a way that is harder to brush aside, keep your own records, and pursue workers’ comp and retaliation protections that do not depend on an inspector showing up.
Key takeaways
- In 2023–24, Cal/OSHA investigated 82% of valid complaints by letter and did not inspect 3,360 of 5,819 reported accidents on-site, the State Auditor found.
- A complaint with your contact information is a “formal” complaint: you get to see the employer’s response and can ask for an inspection if it falls short.
- Your employer cannot fire or punish you for a safety complaint (Labor Code §6310).
- Workers’ comp benefits do not depend on whether Cal/OSHA inspects.
What the State Auditor found
The audit, Report No. 2024-115, was released July 17, 2025. For fiscal year 2023–24, it found:
- Cal/OSHA received 12,276 complaints and treated 10,632 as valid. It investigated 82% of the valid complaints by letter instead of on-site inspection.
- It received 5,819 accident reports, inspected 2,459 on-site and did not inspect 3,360.
- The agency had a 32% staff vacancy rate.
In a sample of cases from fiscal years 2019–20 through 2023–24, the auditor found that 15 of 24 letter investigations closed without clear evidence that all hazards had been fixed, and 6 of 7 uninspected accidents lacked documentation supporting the decision not to inspect. Employers appealed 15 of the 18 sampled cases with citations, and 10 of those took more than a year to resolve. The Department of Industrial Relations said it would implement the auditor’s recommendations.
What the law requires
| Who | Duty | Law |
|---|---|---|
| Employer | Report a serious injury, illness or death to Cal/OSHA immediately, and no later than 8 hours after learning of it | Labor Code §6409.1; Title 8 §342 |
| Cal/OSHA | Investigate a complaint of a serious violation within 3 working days; nonserious within 14 calendar days | Labor Code §6309(a) |
| Cal/OSHA | Tell a known complainant what it did, and why, within 14 days of acting | Labor Code §6309(b) |
| Cal/OSHA | Investigate accidents causing death or serious injury unless it documents that an investigation is unnecessary | Labor Code §6313 |
How to make your complaint count
You can file by phone or email with the district office for your worksite, or online through Cal/OSHA’s complaint page. Your name is kept confidential by law unless you say otherwise. Cal/OSHA has an interpreter line at 833-579-0927.
- Include your contact information. A complaint from an employee with contact details is “formal.” In a letter investigation, the employer must respond in writing within 14 days; you receive that response and can request an on-site inspection if it is not adequate.
- Be specific. Describe the hazard, where it is, how long it has existed, and any injuries or near-misses.
- Keep your own record. Take dated photos where safe, note witnesses, and save messages where you raised the issue.
Example (hypothetical): Marco reports that a warehouse conveyor guard has been missing for weeks. He gives his phone number. The employer’s letter says the guard was replaced, but it was not. Because his complaint is formal, he receives the response and asks for an on-site inspection.
Protection from retaliation
Labor Code §6310 bars firing or discriminating against you for a safety complaint or for reporting an injury, with reinstatement and lost wages as remedies. Under §6311, you generally cannot be fired for refusing work that would violate a safety standard and create a real and apparent hazard. Report retaliation to the Labor Commissioner within one year. See our page on whistleblower retaliation.
If you were hurt: workers’ comp does not wait for Cal/OSHA
Report the injury to your employer in writing within 30 days. Your employer must give you a claim form within one working day and generally must authorize up to $10,000 in treatment while the claim is decided; if it does not deny the claim within 90 days, the injury is presumed covered. See our guide to the 90-day rule.
If an injury was caused by the employer’s serious and willful misconduct, compensation may be increased by one-half (Labor Code §4553). That claim generally must be filed within 12 months of the injury. Related reading: machinery accidents and heat illness.
Frequently asked questions
Can I file a Cal/OSHA complaint anonymously?
Yes, but an anonymous complaint is treated as non-formal, and you will not receive the employer’s response. Your name stays confidential either way unless you ask otherwise.
Does Cal/OSHA have to inspect after a serious injury?
Generally yes, unless it decides and documents that an investigation is unnecessary. The audit found that documentation was often missing.
Can I talk to the inspector privately?
Yes. During an inspection, employees can speak with the inspector privately and may accompany the inspector.
Do I need a Cal/OSHA citation to get workers’ comp?
No. Workers’ comp is no-fault coverage for work injuries, whether or not anyone is cited.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively. If you were hurt on an unsafe job or punished for speaking up, we offer free virtual consultations. Contact us or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
