OSHA, Whistleblowing, And Employee Protections In California
Your boss cannot dismiss you or retaliate against you for informing the Occupational Safety and Health Administration about a hazardous working condition (OSHA). Additionally, employers may face reprisal if they believe they can get away with it.
So, what should you do if you're aware you're working in a dangerous environment? Do you make a report about it? Do you want to take a chance of losing your job? Here's a basic overview of OSHA and how it impacts workplace safety and employee rights.
How Is OSHA Important In California Labor Law?
OSHA, or the Occupational Safety and Health Administration, is a government agency that oversees workplace safety and health in various industries. OSHA can also prosecute and fine employers who fail to follow its laws, fulfill compliance audit requirements, and examine individual complaints filed by employees or Employment Law Firms in California.
Those who break OSHA's standards may face legal action in addition to any fines or penalties levied by the agency. This is especially true when such infractions result in injured or ill employees at work.
Filing A Report To OSHA
OSHA complaints can be submitted via online channels online, by phone, fax, or in writing. We can help you find and understand the paperwork you'll need, as well as assist you with filling it out. You can ask OSHA to keep your name confidential if you don't want to alert your employer about who filed the complaint.
If just looking for records and chatting with your boss about an issue to request action does not yield results in a reasonable length of time, legal help may be required. You can also make a formal complaint or seek an inspection of the relevant company or workstation by contacting OSHA directly.
Contact an Employment Lawyer in Los Angeles 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.
What Can I Do to Avoid Retaliation?
While retaliation is considered illegal, that doesn't mean employers don't try to get back at whistleblowers for reporting them to OSHA.
If you choose to report the safety problem, use these measures to minimize the danger to you and your job:
Check with your coworkers. A group complaint presented as a common issue by several of you may be able to temper your boss's fury toward any of you.
Consult your labor union. Even though unions are becoming less frequent these days, if you have one, use it. While negotiating with your employer to remedy the harmful condition, your union representative can (usually) keep your identity out of the matter.
Try to communicate with your direct supervisor, shift manager, or another person in authority before filing a complaint with OSHA. That said, there's always the possibility that a threat is being overlooked. Bosses frequently have a lot on their minds and aren't always as aware of what's going on at work as their employees are.
If everything else fails, submit a formal complaint with the Occupational Safety and Health Administration (OSHA). OSHA responds first to complaints that show an immediate or imminent hazard to worker safety.
As a result, the wording of your complaint is quite important. Say something if you fear someone's life is at risk.
When Can You File A Retaliation Lawsuit?
If you are facing retaliation due to submitting a complaint, you must act quickly, whether it begins when you bring the issue to your supervisor's attention or when an OSHA inspector arrives.
You only have 30 days to submit an OSHA retaliation complaint.
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