Retaliated Against for Making an OSHA Complaint?

Have you ever been placed in an uncomfortable position by your employer due to their unlawful safety practices? Perhaps you made a complaint to your supervisor, the owner of company, or Occupational Safety and Health Act (OSHA) office regarding these concerns. If your complaint contributed to, or was a motivating factor for your employer to take adverse employment actions against you, then you are protected from these retaliatory actions as you are deemed to be a “whistleblower.”

Common forms of retaliation include but are not limited: demotion; denying overtime or promotions; denying benefits; reduction in pay or hours; reassignment to a less desirable position; suspension; and termination. An employee has a very narrow window to submit a complaint for whistleblower retaliation (30 days) as such; if you have been subject to an adverse employment action by your employer it is important that you seek help and legal advice as soon as possible.

Filing a retaliation claim against an employer who retaliated against you for engaging in a protected activity is the first step to restoring your employment and being compensated for your lost wages. If you’re unsure of whether or not your complaint qualifies you for protection below is a list of the 10 most frequently cited workplace violations for 2015:

  • Fall Protection
  • Hazard Communication
  • Scaffolding
  • Respiratory Protection
  • Lockout/ Tagout
  • Powered Industrial Trucks
  • Ladders
  • Electrical – Wiring Methods
  • Machine Guarding;
  • Electrical – General Requirements

If you or someone you know has been a victim of retaliation for being a whistleblower, contact our office in Raynham or Plymouth, MA at (508) 880-6677 for a free consultation regarding your possible rights and remedies.

Authored by Attorney Eric Langfield, an associate at Cohen Cleary, P.C. in Southeastern Massachusetts.

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