US: OSHA promotes whistleblower protections and resolves retaliation case in Illinois

Whistleblower case

In a recent example of the U.S. Labor Department’s Occupational Safety and Health Administration’s (OSHA) enforcement of whistleblower rights, the agency obtained a judgment in federal court requiring a Peoria dentist to pay $20,000 in back wages for unlawfully terminating a dental assistant. The assistant had complained about the risk of coronavirus infection, refused a work assignment they believed to be a risk for contracting coronavirus, and discussed workplace safety issues with coworkers. The affected individual, who had been an employee for more than 20 years, filed an OSHA complaint alleging the retaliation after being fired in March 2020. The court ordered the dentist to pay the back wages, provide a neutral employment recommendation and remove any references from employment records relating to the reason for their separation.

Whistleblower rights

Federal law protects the rights of employees who report violations of various workplace laws, including safety and health laws. Federal law not only protects employees’ rights to make internal and external safety and health complaints but also to refuse to perform work assignments when they have reasonable concerns of serious injury or death. Employees must be able to exercise their legal rights regarding workplace safety freely and without fear of retaliation by their employer. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

Whistleblower webinar

The U.S. Department of Labor will offer a free webinar on federal whistleblower protections and how OSHA administers the whistleblower protection program in its Southeast region. The webinar will take place on Aug. 16, 2023, from 1-3 p.m. EDT, and will cover the whistleblower statutes OSHA enforces, the nature of a whistleblower claim, how to file one and how the agency processes them, and what to expect during an investigation. Interested parties can register online to attend the webinar.

Sources

Investigators find dentist violated whistleblower provisions of OSH Act by The Occupational Safety & Health Administration, August 9th, 2023
US Department of Labor to offer whistleblower program webinar to educate Southeast stakeholders, workers on federal protections by The Occupational Safety & Health Administration, August 2nd, 2023

‍