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Pallet C e nt ral • No vem be r-D e cem be r 2 0 25 43 parties such as contractors, temporary workers, and vendors who might be on site and have relevant information. Privileged documents can be withheld, but most other documents will have to be produced. Mandatory records typically must be presented to OSHA by the next business day. If an extension is needed, ask! Ignore a record request at your peril. It is sensible to confer with counsel if a hazard complaint inspection commences as these can often carry heavy penalties of up to $166,000 per citation item. Also, the agency sometimes views employers whose workers reach out to OSHA with an "SOS" call as being scofflaw companies. As a result, it is more likely to be issued willful violations in such scenarios. e second type of complaint to which OSHA responds involves retaliation/ discrimination complaints. ese may be brought either under Section 11c of the Occupational Safety & Health Act (OSH Act) or under one of the other statutes for which OSHA handles investigations and prosecutions. e states that run their own OSHA programs must have comparable protections for workers under their jurisdiction but can offer more expansive protections. Section 11c of the OSH Act protects employees from retaliation for engaging in activity related to workplace safety and health. is includes filing a safety or health complaint, as discussed above, but it also covers so much more! Reporting an injury or illness to the employer is protected. is is one reason why OSHA looks negatively on post-accident drug testing programs that target only those who report having been injured, as well as incentive programs that deny a benefit to those who report an injury. Section 11c also protects workers who testify against the company at a hearing, or who give an unfavorable statement to OSHA during an investigation that results in the company being cited. It is also a violation for an employer to seek reimbursement for OSHA civil penalties from an employee. Work refusals are also protected activity, i.e., when a worker believes that performing a task or working in an area is hazardous to their safety or health, they can stop work without adverse consequences. However, OSHA expects that the worker will notify the employer about the situation and give them a chance to correct the problem before simply walking off the job. A threat of

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