FOR A-PLUS WRITER ONLY

Ms. OSHA, Area Director

U. S. Department of Labor -- OSHA

Oceanside, CA 92058

SoCal Construction

123 Main Street

Oceanside, CA 92058

The complaint referenced in Inspection Number 123456789 for violations identified at our jobsite has been received but we do not feel any of these complaints are valid.

Our company as well as the overall industry has had recent layoffs and we feel this is

a complaint from one disgruntled employee. Furthermore, we see no need in wasting any

of your valuable time with an on-site inspection. Thank you for bringing this matter

to our attention.

I attest that the information contained in this document is

accurate.

______________________________________________________________________

Signature

Monica Brooks

______________________________________________________________________

1. OSHA's top priority for inspection is an imminent danger-a situation where workers face an immediate risk of death or serious physical harm. Second priority goes to any fatality or catastrophe-an accident that requires hospitalization of three or more workers. Employers are required to report fatalities and catastrophes to OSHA within eight hours. Third priority is employee complaints and referrals. Lower inspection priorities include inspections targeted toward high hazard industries, planned inspections in other industries and, finally, follow-up inspections to determine whether previously cited violations have been abated.

2. First, of all, I thought this complaint was categorized as non-formal, but I will respond as though it was a formal complaint.

A non-formal complaint is a complaint that is either given orally or that is written but unsigned. These non-formal complaints are most often given by former employees of a company or by people who are not and have not been employees (such as a customer). These complaints are usually investigated by an OSHA official first via telephone or through a letter to the employer. They also might lead to an on-site inspection of the workplace if an OSHA official believes that an on-site inspection is necessary.

3. As an employer, I could narrow down the possible employees initially by identifying all welders and the employees that may work close by. I could also research any previous complaints that may have been filed at the company level.

4. The complaint could be reclassified as a formal complaint if a formal complaint is signed by the complainant. This complaint will describe the alleged violation in the workplace. The complaint should also indicate that there is a health or safety situation in your company that poses in imminent danger to employees or to the public, or it should indicate that there has been a violation of an OSHA regulation that has caused or may cause physical harm to the public or to employees of your company. The formal complaint needs to be filed by a current employee or your company or by a representative of your employee. This employee needs to have personally witnessed or been exposed to the workplace hazards that he or she lists in the complaint.