712 Safety Supervision and Leadership

Discrimination

Workers are entitled to file complaints and request an OSHA inspection.

Under Section 11(c) of the Occupational Safety and Health Act of 1970, OSHA is authorized to investigate complaints from employees about employer discrimination against individuals engaged in safety and health activities.

OSHA is also responsible for enforcing whistleblower protection under ten other laws. Staff at OSHA Area Offices can explain the protections under these laws and the deadlines for filing complaints. Workers in the 22 states operating OSHA-approved State Plans may file complaints of employer discrimination with the state plan as well. State and local government workers in these states (and two others with public employee only state plans) may file complaints of employer discrimination with the state.

Some examples of discrimination are firing, demotion, transfer, layoff, denial of opportunities for overtime or promotion, exclusion from standard overtime work, assignment to undesirable shifts, denial of benefits such as sick leave or vacation time, blacklisting with other employers, revocation of company housing, damaging credit at banks or credit unions, and reduction in pay or hours.

• Under the OSHA Act, employees typically do not have the right to refuse work due to potentially unsafe workplace conditions. However, this right might be granted by a union contract or state law, although such rights are outside OSHA's enforcement capabilities.
• While refusal to work can lead to disciplinary actions from an employer, employees are entitled to refuse a task if they genuinely believe it exposes them to imminent danger. "Good faith" means that the employee had reasonable grounds for this belief, even if it is later determined that no imminent danger existed.

Under the OSHA Act of 1970, which covers most discrimination complaints, employees only have a 30-day window to report incidents of discrimination. OSHA conducts an in-depth interview with each complainant to determine the need for an investigation. If evidence supports the worker's claim of discrimination, OSHA will ask the employer to reinstate the worker's job, earnings, and benefits. If the employer objects, OSHA has the authority to initiate legal action to secure relief for the employee.

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