Title: Occupational Health and Safety Act (OSHA)
Statute: 29 U.S.C. § 660(c)(1)
Governing Agency: United States Department of Labor
General Overview: OSHA is the primary federal law that governs health and safety in the workplace. This law regulates and covers a wide array of workplace conduct in respect to the environment, workplace safety, and public health. In addition, the law specifically offers protections to employees who report potential violations to the correct authorities.
Who is covered?:
· Any employee of a private business within the United States.
· Any employee of a state or local government that have OSHA approved plans. (List of states with OSHA approved plans)
· Any federal employee in this OSHA Fact Sheet.
Who is not covered?:
· Self-employed persons
· Farms which employ only immediate members of farmer’s family
· Employees working under conditions for which other federal agencies regulate worker safety (this includes mining, nuclear energy, nuclear weapons manufacturing, and transportation industry)
· Employees of state and local governments, unless they are operating under an OSHA approved plan
What is covered?:
-Employees covered under OSHA cannot be retaliated or discriminated against for:
· requesting an inspection of a site that they believe is in violation of OSHA
· requesting an inspection of a site that they believe poses a threat of physical harm of imminent danger to any employee or the public
· refusing to work in conditions that present imminent danger or serious injury that cannot be corrected through and inspection
-Illegal retaliation by employers includes:
· discrimination against claiming party
· discharging claiming party
· denial of promotions
· threats
· unjustified negative evaluations and/or references
· increased surveillance
· any other action that is likely to deter an employee from pursuing their rights
Note: Petty, slight actions are not considered acts of discrimination. Some of these include: annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.
How do I submit a claim?- a Step-by-Step Approach :
1. If you believe your employer has violated a provision of OSHA you must submit a complaint within 30 days of the date of the alleged violation. The complaint must be submitted to the Secretary of Labor.- DOL’s contact information
2. The Secretary of Labor will review the complaint, and may commence action on behalf of party who filed the complaint. Civil suits cannot later be filed against the employer if the Secretary of Labor declines to proceed with the complaint.
3. If the Secretary decides to proceed with the complaint it will be sent to the Occupational Safety and Health Administration, an agency under the Department of Labor. The Occupational Safety and Health Administration will begin an investigation (Note: OSHA has the authority to investigate by conducting interviews, reviewing documents, requesting documents, and other discovery process proceedings).
4. Within 30 days of receiving the complaint the Occupational Health and Safety Administration will issue a decision on their findings. If a violation is found, a preliminary order of relief will be issued.
5. If either party wishes to appeal, they may file a request for a hearing with an Administrative Law Judge. Requesting a hearing with an ALJ does not vacate the original ruling by OSHA.
6. After this final ruling is handed down, either party has 60 days to file an appeal with the U.S. Court of Appeals in the jurisdiction where the violation allegedly occurred.
Rights and Remedies:
· Injunctions- if a violation presents a threat of danger or serious physical harm, and cannot be remedied, the OSHA inspector will recommend injunctive relief
· Reinstatement of employee with same seniority status the employee had previously
· Back pay (with interest)
· Compensation for other damages sustained
· Reasonable attorney fees and other related litigation costs
Related Links:
· Report a Hazard in the Workplace
· Request a Free Worksite Consultation for Potential Violations
Disclaimer. This website does not offer legal advice. This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.
Statute: 29 U.S.C. § 660(c)(1)
Governing Agency: United States Department of Labor
General Overview: OSHA is the primary federal law that governs health and safety in the workplace. This law regulates and covers a wide array of workplace conduct in respect to the environment, workplace safety, and public health. In addition, the law specifically offers protections to employees who report potential violations to the correct authorities.
Who is covered?:
· Any employee of a private business within the United States.
· Any employee of a state or local government that have OSHA approved plans. (List of states with OSHA approved plans)
· Any federal employee in this OSHA Fact Sheet.
Who is not covered?:
· Self-employed persons
· Farms which employ only immediate members of farmer’s family
· Employees working under conditions for which other federal agencies regulate worker safety (this includes mining, nuclear energy, nuclear weapons manufacturing, and transportation industry)
· Employees of state and local governments, unless they are operating under an OSHA approved plan
What is covered?:
-Employees covered under OSHA cannot be retaliated or discriminated against for:
· requesting an inspection of a site that they believe is in violation of OSHA
· requesting an inspection of a site that they believe poses a threat of physical harm of imminent danger to any employee or the public
· refusing to work in conditions that present imminent danger or serious injury that cannot be corrected through and inspection
-Illegal retaliation by employers includes:
· discrimination against claiming party
· discharging claiming party
· denial of promotions
· threats
· unjustified negative evaluations and/or references
· increased surveillance
· any other action that is likely to deter an employee from pursuing their rights
Note: Petty, slight actions are not considered acts of discrimination. Some of these include: annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.
How do I submit a claim?- a Step-by-Step Approach :
1. If you believe your employer has violated a provision of OSHA you must submit a complaint within 30 days of the date of the alleged violation. The complaint must be submitted to the Secretary of Labor.- DOL’s contact information
2. The Secretary of Labor will review the complaint, and may commence action on behalf of party who filed the complaint. Civil suits cannot later be filed against the employer if the Secretary of Labor declines to proceed with the complaint.
3. If the Secretary decides to proceed with the complaint it will be sent to the Occupational Safety and Health Administration, an agency under the Department of Labor. The Occupational Safety and Health Administration will begin an investigation (Note: OSHA has the authority to investigate by conducting interviews, reviewing documents, requesting documents, and other discovery process proceedings).
4. Within 30 days of receiving the complaint the Occupational Health and Safety Administration will issue a decision on their findings. If a violation is found, a preliminary order of relief will be issued.
5. If either party wishes to appeal, they may file a request for a hearing with an Administrative Law Judge. Requesting a hearing with an ALJ does not vacate the original ruling by OSHA.
6. After this final ruling is handed down, either party has 60 days to file an appeal with the U.S. Court of Appeals in the jurisdiction where the violation allegedly occurred.
Rights and Remedies:
· Injunctions- if a violation presents a threat of danger or serious physical harm, and cannot be remedied, the OSHA inspector will recommend injunctive relief
· Reinstatement of employee with same seniority status the employee had previously
· Back pay (with interest)
· Compensation for other damages sustained
· Reasonable attorney fees and other related litigation costs
Related Links:
· Report a Hazard in the Workplace
· Request a Free Worksite Consultation for Potential Violations
Disclaimer. This website does not offer legal advice. This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.
