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OSH ACT AND OSHA STANDARDS |
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Employee Rights |
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| If the employer has in the past knowingly allowed the employee to do
something (such as leaving work early), he or she may be violating the law by punishing
the employee for doing the same thing following a protest of hazardous conditions. If the
employer knows that a number of workers are doing the same thing wrong, he or she cannot
legally single out for punishment the worker who has taken part in safety and health
activities. Workers believing they have been punished for exercising safety and health rights must contact the nearest OSHA office within 30 days of the time they learn of the alleged discrimination. A union representative can file the 11(c) complaint for the worker. The worker does not have to complete any forms. An OSHA staff member will complete the forms with input from the employee. OSHA investigates when a complaint is filed. If an employee has been illegally punished for exercising safety and health rights, OSHA asks the employer to restore that worker's job earning and benefits. If necessary, and if it can prove discrimination, OSHA takes the employer to court. In such cases the worker does not pay any legal fees. If a state agency has an OSHA-approved state program, employees may file their complaint with either federal OSHA or a state agency under its laws. |
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