THE PROBLEM

The OSHA law bans "discharging or in any manner discriminating against any" worker because the worker files an OSHA complaint or "exercises any right" under the OSHA law (Occupational Safety & Health Act, Sec. 11(c)). Discrimination can include not just firing and layoff but denial of overtime, reassignment to undesirable shifts, demotion, paycuts and other adverse action.

There are solid policy reasons for this law. The problem is that workers may complain even if you have legitimate grounds for taking action against them. At best, that will lead to an OSHA investigation; at worst, you might have to reinstate the worker and/or pay him damages.

SOLUTION

Creating a clearly worded non-retaliation policy should help discourage retaliation complaints and, if necessary, defend your company against retaliation charges. There's a model policy in Tools that you can access if you're a SafetyXChange member.

IMPLEMENTATION

A non-retaliation policy should do at least five things:

1. State your company's commitment to workplace health and safety;
2. Remind workers that they're not only allowed but required to report OSHA violations;
3. Require supervisors and managers to keep an "open-door policy" and encourage workers who have complaints to come forward;
4. List the protected activities workers can engage in without retaliation; and
5. State that anybody who violates the non-retaliation policy will be disciplined.

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