Wednesday, July 22, 2020
Whistleblower Know Your Rights
Whistleblower Know Your Rights   Whistleblower: Know Your Rights  All workers are entitled to a safe workplace under federal law. If there are environmental issues or unsafe conditions at work, employees have the right to speak up, file a complaint or request for an investigation without worrying about retaliation. To protect the welfare of whistleblowers, the Occupational Safety and Health (OSH) Act forbids employers from discriminating workers who are exercising their rights. But what if an employer does retaliate against a whistleblower? Read our latest blog to learn more about the rights and laws that protect whistleblowers:  Workplace Retaliation  Challenging unsafe work practices or raising environmental hazards should never cost your job. If you believe that exercising your rights became a motivating or contributing factor for an employer to take an adverse or unfavorable action, notify OSHA immediately! Why? Because the complaint must be filed within the time limit specified by state or federal regulations.  More importantly, be vigilant about identifying possible workplace retaliation or discrimination. These can include:    Being disciplined, blacklisted or demoted  Being suspended, fired or laid off  Being denied overtime, promotion or benefits  Being threatened or intimidated  Being given reduced pay or hours  Being reassigned to an undesirable position that may affect promotion    OSHA-Enforced Whistleblower Laws  OSHA is authorized to enforce 22 whistleblower laws that protect workers against retaliation. However, whistleblowers must file the retaliation complaint within a limited period of time. For instance, retaliation complaints under the OSH Act must be filed within 30 days. Other whistleblower statutes include:    Affordable Care Act, Section 1558 â" 180 days  Asbestos Hazard Emergency Response Act â" 90 Days  Clean Air Act â" 30 days  Comprehensive Environmental Response, Compensation and Liability Act â" 30 days  Consumer Financial Protection Act of 2010 â" 180 days  Consumer Product Safety Improvement Act â" 180 days  Energy Reorganization Act â" 180 days  Federal Railroad Safety Act â" 180 days  Federal Water Pollution Control Act â" 30 days  International Safe Container Act  60 days  Moving Ahead for Progress in the 21st Century Act â" 180 days  National Transit Systems Security Act â" 180 days  Pipeline Safety Improvement Act â" 180 days  Safe Drinking Water Act â" 30 days  Sarbanes-Oxley Act â" 180 days  Seamanâs Protection Act â" 180 days  Section 402 of the FDA Food Safety Modernization Act â" 180 days  Section 1558 of the Affordable Care Act â" 180 days  Solid Waste Disposal Act â" 30 days  Surface Transportation Assistance Act â" 180 days  Toxic Substances Control Act â" 30 days  Wendell H. Ford Aviation Investment and Reform Act for the 21st Century â" 90 days    Filing a Discrimination Complaint  There are four ways to file a discrimination complaint if your employer retaliated against you for exercising your rights under the OSH Act:    Online â" Fill out all the necessary details on the web-based whistleblower complaint form.      Fax or email â" Download and submit the completed whistleblower complaint form to the corresponding regional or area office.      Phone â" Contact the regional or area office that has jurisdiction over your workplace.      Mail â" Send a letter of complaint to the to the nearest regional or area office.    Protect and defend your right to raise unsafe work practices by familiarizing yourself with whistleblower protection programs! For more information about HR Compliance or EHS Compliance, visit 360training.com.  Sources:  https://www.whistleblowers.gov/  https://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf  
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