Founder
Every worker has the right to a safe workplace. But what happens when a worker speaks up about safety problems, and their employer punishes them for it?
That is retaliation, and it is against the law. Unfortunately, many workers do not realize they only have 30 days to report this kind of retaliation to the Occupational Safety and Health Administration (OSHA), and if they wait too long, they cannot hold their employer accountable for breaking the law.
Employee Rights Under OSH Act
OSHA enforces the Occupational Safety and Health Act (OSH Act). Under the OSH Act, employees have the right to:
- Report unsafe or unhealthy working conditions
- File a complaint with OSHA if the employer does not fix the problem
- Participate in an OSHA investigation or inspection
- Review records of workplace injuries and illnesses
What Counts as Retaliation?
Retaliation happens when an employer takes an adverse action against a worker for exercising their rights under the OSH Act. Examples of retaliation include:
- Termination or demotion
- Cutting hours or pay
- Denying overtime or promotions
- Assigning harder or less desirable shifts
- Threats, harassment, or intimidation
If you believe your employer retaliated against you, you must act quickly. A safety and health retaliation complaint must be filed with OSHA within 30 days of the retaliation. The process begins by contacting OSHA online, by phone, or in writing. OSHA will investigate and, if retaliation is found, you may be entitled to reinstatement, back pay and benefits, an order to stop the retaliatory behavior and other relief.
Speaking with an experienced employment lawyer can help you understand your options, meet important deadlines, and protect your rights. You can schedule a consultation with Amanda here to discuss your situation.
