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OSHA Standards and
Workplace Hazards |
Discrimination For Using Rights
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Employees have a right to seek
safety and health on the job without fear of punishment.
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This right is spelled out in
Section 11(c) of the Act. The law says the employer "shall
not" punish or discriminate against employees for exercising such
rights as complaining to the employer, union, OSHA, or any other government
agency about job safety and health hazards; or for participating in OSHA
inspections, conferences, hearings, or other OSHA-related activities.
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OSHA's regulations provide that
an employee may refuse to work when faced with an imminent danger of death
or serious injury on the job. The conditions necessary to justify a
work refusal are very stringent, however, and a work refusal should be an
action taken only as a last resort.
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A state that is administering
its own occupational safety and health enforcement program pursuant to
Section 18 of the Act must have provisions as effective as those of Section
11(c) to protect employees from discharge or discrimination.
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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 representative of the employee's choosing can file
the 11(c) complaint for the worker.
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Following a complaint, OSHA will
contact the complainant and conduct an in-depth interview to determine whether
an investigation is necessary. If evidence supports the conclusion
that the employee has been punished for exercising safety and health rights,
OSHA will ask the employer to restore that worker's job, earnings, and
benefits.
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If the employer declines to
enter into a voluntary settlement, OSHA may take the employer to court.
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