Retaliation for Speaking Up: Two Examples of Settlements under Section 11(c) of OSHA
Retaliation for Speaking Up:
Two Examples of Settlements Under Section 11(c) of OSHA
As an employee, you have the right to a safe and healthy workplace. The Occupational Health and Safety Act (OSHA) provides protections for workers who report injuries, complain about unsafe conditions, or seek first aid medical treatment. Section 11(c) of the Act prohibits employers from retaliating against workers who exercise these rights.
If you have been retaliated against for reporting an injury, seeking medical treatment, or complaining about unsafe working conditions, you have the right to file a complaint with OSHA. However, it’s important to act quickly because you only have 30 days from the date of the retaliatory action to file a Section 11(c) complaint with OSHA.
Here are two examples of clients who have successfully settled claims under Section 11(c) of the OSHA:
A client reported an incident where an armed security officer pointed a gun at someone in the workplace. After making the report, the client was subjected to various forms of retaliation, including verbal abuse, excessive scrutiny of work performance, and ultimately termination. We filed a Section 11(c) complaint with OSHA on behalf of the client. After investigating the complaint, OSHA found that the employer had violated the Act and negotiated a settlement that included back pay and compensatory damages.
Another client complained about an unsafe conveyor belt at work that lacked proper safety guards. The client reported the condition to management, but the issue was not addressed. When the client refused to operate the unsafe equipment, the employer began to subject the client to various forms of retaliation, including excessive scrutiny and harassment. We filed a Section 11(c) complaint with OSHA on behalf of the client. The employer settled the claim, providing the client with back pay and compensatory damages.
These cases demonstrate the importance of Section 11(c) of the OSHA and the protections it provides for workers who speak out about unsafe working conditions. If you have experienced retaliation for exercising your rights under the OSHA, it’s important to act quickly and file a complaint with OSHA within 30 days of the retaliatory action. At Kreitman Law, LLC, we are dedicated to helping workers protect their rights and can provide guidance and support through the complaint process.
