Issue link: http://palletcentral.uberflip.com/i/685770
14 PalletCentral • May-June 2016 palletcentral.com administration for any retaliatory or adverse action against workers who have engaged in protected activity under Section 11(c) of the OSH Act. Making a hazard complaint to OSHA is one such activity, as is speaking privately to an inspector who visits the worksite (or who interviews the employee off-site, at his/her home). Raising safety complaints internally to management is also protected activity. When OSHA receives a whistleblower discrimination complaint, a separate investigation will ensue (distinct from the underlying hazard complaint inspection), and it will involve significant records reviews, including personnel files, disciplinary records and other HR documents. Often, once OSHA shows up, employers try to guess which worker filed the complaint. If they guess correctly, they still cannot take any action to penalize the worker – even if the complaint was bogus and OSHA opts not to issue any citations. If the company guesses incorrectly, the worker who is wrongfully identified as the complainant is also protected from retaliation, even though they did not take any protected action. Adverse action includes, but is not limited to: termination, demotion, transfer, cutting back pay or reducing opportunities for overtime, and elimination of benefits such as flexible schedules or perks like a company cell phone. Giving someone a bad reference is also considered retaliatory if they were in a protected class, and employers should never suggest to a prospective employer that the worker has contacted OSHA in SAFETY