OSHA Reminds Employers Not to Retaliate Against Workers Reporting Unsafe Conditions
OSHA recently reminded employers in a news release that they cannot retaliate against workers reporting unsafe conditions during the coronavirus epidemic.
According to OSHA’s Principal Deputy Assistant Secretary Loren Sweatt: “Employees have the right to safe and healthy workplaces. Any worker who believes that their employer is retaliating against them for reporting unsafe working conditions should contact OSHA immediately.”
Protected Activities
OSHA enforces the whistleblower provisions of more than 20 federal statutes that protect employees who raise or report concerns about hazards or violations of workplace safety and health regulations in a variety of industries, including construction. Specifically, an employer may not retaliate against an employee for engaging in activities that are protected under the law. Protected activities may include:
- Filing a report about a possible violation of the law with OSHA or other government agencies
- Reporting a concern about a possible violation of the law to the employer
- Reporting a workplace injury, illness or hazard
- Cooperating with law enforcement
- Refusing to conduct tasks that would violate the law
Retaliation occurs when an employer, through a manager, supervisor or administrator, takes an adverse action against an employee because the employee engaged in protected activity. OSHA feels that retaliation against an employee is not only harmful to the employee who experienced the adverse action; it can also have a negative impact on overall employee morale because of the effect that retaliation can have on other employees’ willingness to report concerns. This can ultimately impact the safety of the workplace.
Assess Your Anti-Retaliation Program
OSHA recommends that employers take action to implement effective anti-retaliation programs in their workplace. Key elements of such programs should include:
- Management commitment and accountability
- A system for listening to and resolving employees’ safety and compliance concerns as well as for responding to employee reports of retaliation
- Anti-retaliation training for employees and managers
Wondering what to expect if your workplace is involved in a whistleblower investigation? Find out by visiting: https://www.whistleblowers.gov/whattoexpect.
