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44 Pallet C e nt ral • No vem be r-D e cem be r 2 0 25 OSHA CONT. discipline in relation to a work refusal may also give rise to action, based on a claim of "interference" with protected rights. An adversely affected worker has 30 days under the federal OSH Act to file a complaint. Once OSHA receives the complaint, it investigates and, if merit is found, the Secretary of Labor files suit in federal court to obtain relief. e agency is represented by an attorney from the US Solicitor of Labor's office, and cases are litigated in US District Court, but often the agency will seek settlement through mediation within the DOL before going to trial. e legal test is a "but for" standard: the employee would still be employed "but for" the protected activity, even if there was another grounds for discipline unrelated to safety, as long as that would not also result in the same consequence. For example, if someone is late for work once and this is normally excused, but they also made a safety complaint and they are fired for the first offense, this would be viewed by OSHA as retaliatory. OSHA construes adverse action pretty broadly. Termination and demotion are obviously adverse, but the agency will consider if the worker lost any overtime opportunities after taking the protected action, or was transferred to a different shift or location that is less desirable, or assigned to different tasks in a retaliatory manner. A complainant who prevails can receive an array of remedies, including reinstatement, back pay, and expenses incurred from loss of medical or other employer benefits during the course of litigation. OSHA also enforces the whistleblower anti-retaliation provisions of many other statutes, including the various federal environmental laws, and the Surface Transportation Assistance Act, which

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