MIOSHA Safety Complaints: What to Document Before You Report

Michigan workers have the right to a safe and healthy workplace, and when that right is violated, MIOSHA—the Michigan Occupational Safety and Health Administration—steps in to enforce the law. MIOSHA investigates reports of unsafe conditions, holds employers accountable, and can order corrective action when violations occur.

But before you file a complaint, it’s critical to protect yourself. Even though state and federal law make it illegal for an employer to retaliate against you for reporting safety issues, the unfortunate truth is that retaliation still happens. Workers who blow the whistle on unsafe practices may find themselves facing sudden schedule changes, demotions, or even termination.

That’s why documentation is your best defense. Keeping careful records before you report can strengthen your case, protect you from retaliation, and prove that your complaint was made in good faith.

At Batey Law Firm, we’ve spent decades standing up for Michigan employees who were punished for doing the right thing. Our goal is to make sure you’re not only safe at work—but also protected when you speak up about safety.

What Is MIOSHA and When Should You File a Complaint?

The Michigan Occupational Safety and Health Administration (MIOSHA) is the state agency responsible for enforcing workplace safety and health standards. Under the Michigan Occupational Safety and Health Act, employers must provide work environments free from recognized hazards that could cause injury, illness, or death.

When an employer fails to do that, employees have the right to file a MIOSHA complaint—and to do so without fear of retaliation.

Here are the kinds of safety violations MIOSHA covers:

• Hazardous equipment or lack of safety guards. Machines without proper guards, emergency stops, or lockout/tagout procedures.
• Unsafe exposure to chemicals or toxic substances. Fumes, dust, or chemical spills without proper ventilation or protective gear.
• Lack of training or protective equipment. Workers not properly trained on safety procedures or not provided with required PPE like gloves, masks, or helmets.
• Overlooked injuries or ignored safety policies. Supervisors dismissing incidents or discouraging employees from reporting injuries or hazards.

You should consider filing a MIOSHA complaint if:

• Your internal complaints have been ignored or dismissed.
  You’ve reported hazards to your supervisor, HR, or safety team, but nothing has changed.
• The hazard presents an immediate risk of injury or death.
  If your workplace condition is so dangerous that waiting could lead to serious harm, you don’t have to go through internal channels first—MIOSHA can act right away.

And here’s a key point:
You don’t need to be injured to file a MIOSHA complaint. You just need to reasonably believe that a safety or health violation exists. In other words, prevention matters as much as correction.

At Batey Law Firm, we empower Michigan employees to stand up for their safety and their rights. We’ll help you understand what to document, how to report correctly, and what to do if your employer strikes back. Because protecting others should never come at the cost of your own security.

What to Document Before Filing a MIOSHA Complaint

If you’ve noticed unsafe or unhealthy conditions at work, your first line of protection is your documentation. A well-documented record of what you’ve seen and how your employer responded can make the difference between a dismissed complaint and a successful MIOSHA investigation—or even a retaliation claim under the Michigan Whistleblowers’ Protection Act (WPA).

Dates and Times of Unsafe Conditions

Start by keeping a log of every incident or unsafe situation you witness. Note:

• The date and time the hazard occurred.
• How long the condition persisted.
• Who was present or affected.

For example, if a machine’s safety guard has been broken for weeks, record each day it remains unfixed. This helps establish a pattern of neglect—key evidence that your employer had ample opportunity to fix the problem but didn’t.

Photos or Videos (If Allowed)

Visual evidence can be incredibly powerful. If it’s permitted and safe to do so, take photos or short videos of the hazardous condition. Capture clear, focused images of:

• Broken or unguarded equipment.
• Spills or leaks.
• Missing safety signs or protective gear.
• Exposed wires or other hazards.

Be mindful not to violate any company privacy policies or trade secret restrictions. Only photograph what directly relates to safety or health conditions—never personal information, coworkers’ faces, or sensitive documents.

Written Complaints to Supervisors or HR

Before going to MIOSHA, it’s usually best to try internal channels first. If you’ve raised the issue with management or HR, keep copies of everything you sent:

• Emails, memos, or notes describing the problem.
• Responses (or lack thereof) from your employer.

If your company ignored your complaint, that silence speaks volumes. MIOSHA and courts often see unaddressed reports as proof that the employer knew about the hazard and failed to act.

Witness Statements or Coworker Accounts

If others saw the same unsafe condition, write down their names and contact information. Ask coworkers if they’d be willing to give written statements about what they observed—especially if they also raised concerns internally. Witness corroboration strengthens your credibility and shows that your complaint isn’t just one person’s opinion.

Company Policies or Safety Manuals

It can also help to collect any internal safety documents or policies showing your employer’s obligations under MIOSHA. Examples include:

• Employee handbooks outlining safety rules.
• Training materials or inspection reports.
• Company policies referencing compliance with MIOSHA or OSHA.

If those policies exist but weren’t followed, it supports your claim that management knew the law but ignored it.

Retaliation Indicators

Unfortunately, some employers retaliate when employees report hazards. Keep detailed notes of any changes in how you’re treated after raising your concerns, such as:

• Sudden schedule changes, shift reassignments, or reduced hours.
• Being excluded from meetings or conversations.
• Unexplained write-ups, demotions, or negative reviews.
• Hostile behavior or intimidation from supervisors.

These changes can help establish a retaliation claim, even if the safety issue itself is later resolved. Under MIOSHA and the WPA, it’s illegal for your employer to punish you for reporting or cooperating in a safety investigation.

How to File a MIOSHA Safety Complaint

Once you’ve documented the unsafe conditions, the next step is to file your MIOSHA complaint. The process is straightforward, but accuracy and thoroughness matter.

Here’s how to do it:

1. File online, by mail, or by fax using MIOSHA’s official form.
   
   • You can find the complaint form on MIOSHA’s website.
   • Provide your contact information (or leave it blank if filing anonymously).
   • Describe the unsafe condition clearly and specifically—include who, what, where, and when.
2. Attach your documentation.
   
   • Include copies of emails, notes, or photos that show the hazard.
   • Mention any prior complaints to your employer and their response—or lack thereof.
3. Request confidentiality or file anonymously.
   
   • MIOSHA allows workers to remain confidential or anonymous.
   • If you request confidentiality, MIOSHA won’t disclose your name to your employer during the investigation.
4. Understand MIOSHA’s process.
   
   • After you file, MIOSHA performs an initial review of your complaint.
   • If the issue appears valid, they may conduct an onsite inspection.
   • Once the inspection is complete, MIOSHA issues findings and corrective orders requiring the employer to fix hazards or face penalties.

Retaliation for filing a MIOSHA complaint is illegal. Both MIOSHA and the Whistleblowers’ Protection Act (WPA) make it unlawful for an employer to discipline, demote, or fire you because you raised safety concerns. If your employer takes adverse action after your report, you may have the right to file a retaliation claim and recover lost wages, emotional damages, and legal costs.

At Batey Law Firm, we help Michigan employees prepare and file MIOSHA complaints correctly—and step in fast if retaliation follows. We make sure your documentation is solid, your complaint is strong, and your rights are fully protected from start to finish.

Protect Yourself While Protecting Others

Reporting unsafe conditions takes courage—but with the right documentation and support, you can do it safely. Michigan law protects workers who bring dangerous or unlawful practices to light, but timing and preparation are everything.

Before or immediately after filing a MIOSHA complaint, talk to an experienced employment attorney. A lawyer can help you preserve evidence, understand your legal rights, and guard against retaliation from your employer. The sooner you get guidance, the stronger your protection.

At Batey Law Firm, we offer confidential consultations for Michigan workers dealing with safety violations, retaliation, or whistleblower issues. We’ll evaluate your case quickly, explain your options clearly, and help you take the right next steps—without fear and without delay.

Contact Batey Law Firm, PLLC
📍 30200 Telegraph Rd., Suite 400, Bingham Farms, MI 48025
📞 (248) 540-6800
📧 sbatey@bateylaw.com
🌐 www.bateylaw.com‍

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