Under state and federal discrimination laws, every organization should keep their working place free from any illegal discrimination and practices. A lot of companies and employers believe they can make harsh decisions on a whistleblower who is trying to expose the fact that the company is doing something wrong and illegal. They’re doing so maybe because they are not aware of the whistleblower protection laws provided by the Occupational Safety and Health Act. OSHA is a strong program that protects whistleblowers. OSHA’s budget is increased every year as to allow them to do their job effectively, and the current government administration is giving OSHA whistleblower-protection-program a priority.
OSHA (Occupational Safety and Health Act) offers protection to employees and allows them to use their rights under OSHA. These rights involve filing health and safety complaints with OSHA and also getting involved in OSHA inspection. Employees that reported a violation from an employer or company are protected by the whistleblower regulation, which is under OSHA.
The main aim of OSHA is to change the behavior and attitudes of companies and employers towards whistleblowers. Employers must also respond and solve the employee’s problem. As a result of OSHA’s whistleblower program, research shows that there has been a decrease in violations of whistleblower’s complaints.
OSHA enforces laws on employers to provide a safe and healthy working place for employees. Employers don’t have the right to retaliate against any employee regarding any protected activity. Whistleblowers have the right to make complaints to OSHA or any governmental agency concerned about unsafe working conditions in any working place. They have the right to report any environmental problem.
OSHA has about 21 whistleblower laws aimed at protecting whistleblowers at the workplace. The whistleblower protection program enforces these laws. Employees are protected who have reported a violated activity in a given workspace such as airlines, motor carries, consumer product manufacturers, food safety, financial and securities, public transportation, gas and oil pipelines, maritime, and railroad laws.
Filing OSHA complaints involve any protected activity by the employee, getting involved in health and safety activities, reporting a work-related injury, making a move to expose any employer or injury record, and filing safety complaints with an employer. Under the OSHA rules, an employer doesn’t have the right to take severe action against any employee that tries to expose their wrongdoings. The employee can’t be fired or denied any employment rights, and the employer cannot blacklist an employee, cannot demote them, or make any threats. Under no circumstances, the employer is allowed to reduce the employee’s salary.
If an employer denies a whistleblower his employment rights, he’ll be liable for some damages, OSHA provides coverage to whistleblowers by getting back their reinstatement and employment benefits, wages or any other costs that are caused by an employer. As a whistleblower, you should report immediately to OSHA when there is retaliatory action from an employer. This should be done in less than 30 days from the occurrence of the retaliation by the employer.
The employer doesn’t have the right to take any illegal action against the employer; there shouldn’t be the termination of the offer, reduction of hourly rate wage, or denial of promotion. An employee that faces retaliation can report to proper authorities to take care of the situation, of course, the OSHA whistleblower program is included. Employees that face retaliation from employees should report this as soon as possible.
Employers and companies are advised to take note of all the OSHA rules and regulations, which is to protect whistleblowers. They must make sure that all their work practices and policies are up to date, and they should ensure proper management for their employees.
There are a lot of failures to observe safety rules, as well as discrimination and retaliation going on in various workplaces. OSHA is getting more reliable than you can imagine, and failure to abide by their rules within your workspace will lead to criminal charges against your company.
As an employee, if you believe an employer has violated your rights, you should consult an attorney. Attorneys that specialize in dealing with such practices are the attorneys at Massey and Duffy. Call us now for a free consultation if you have been retaliated or discriminated against by your employer or company.