Updated: Dec 7, 2022
Filing OSHA Claims Without Getting Fired, Demoted, Or Suspended
Your boss cannot fire you or retaliate against you for informing the Occupational Safety and Health Administration about a hazardous working condition (OSHA). On the other hand, employers may face reprisal if they believe they can get away with it.
So, what should you do if you're aware that you're working in a potentially dangerous situation? Do you intend to write a report on the subject? Do you want to take the chance of losing your job? Here's a basic explanation of OSHA's involvement in labor rights and workplace safety.
What Is OSHA's Role in the Workplace?
The Occupational Safety and Health Administration is a federal agency that regulates workplace safety and health across a wide range of businesses. OSHA can also go after employers who break the law and fine them, check for compliance, and look into individual complaints from employees or your Los Angeles employment lawyers.
In addition to fines, OSHA may take legal action against employers who don't follow the rules. This is especially true when employees are hurt or become ill at work due to such breaches.
More information on this claim can be obtained from a California employment lawyer.
What Can I Do to Avoid Retaliation In California?
If you choose to report the safety breach, use these measures to minimize the danger to your job:
Consult your coworkers. A group complaint can be presented as a common workplace issue by several of you could be able to calm your boss's rage.
Consult your labor union. Even though unions are less common these days, take advantage of yours if you have one. Your union rep can (usually) keep your name out of the situation while they talk to your boss about fixing the dangerous situation.
Try to contact your supervisor, manager, or another person in authority before filing a complaint with OSHA. It's always possible that the threat goes overlooked. Bosses aren't always as knowledgeable about what's going on at work as their employees are since they have a lot of their thoughts.
If everything else fails, submit a formal complaint to the Occupational Safety and Health Administration of the United States Department of Labor (OSHA). OSHA prioritizes complaints that pose an immediate or imminent hazard to worker safety. As a result, the way you frame your problem is critical. Speak up if you fear someone's life is at risk.
How To Make A Formal Complaint To OSHA?
Legal advice may be required if just looking for records and speaking with your boss about a problem to request action does not provide results in a proper length of time. You can also make a formal complaint or seek an inspection of the relevant company or workstation by contacting OSHA directly.
OSHA reports and complaints can be submitted online, by phone, fax, or in writing. We can assist you in locating and comprehending the forms you'll need and providing advice on how to complete them.You can ask OSHA not to tell your employer who filed the complaint instead of telling them your name.
Contact one of our prescreened California employment lawyers ahead of time to ensure that your complaint is the type that OSHA would accept and learn what should and shouldn't be included on the complaint forms for the best results.
When Can You File A Retaliation Lawsuit In California?
If you are facing retaliation due to submitting a complaint, you must act quickly. You only have 30 days to submit an OSHA retaliation complaint.
Find California Employment Lawyers Near Me
1000Attorneys.com is an established online Lawyer Referral Service that refers you to an Employment Lawyer in Los Angeles (and other cities!). You may contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.