Under
the Occupational Safety and Health Act, it is against the law for your
employer to punish you for reporting a safety or health hazard. You cannot
be discriminated against, fired, demoted, or otherwise penalized for
complaining to your employer about a hazard, requesting an
OSHA inspection, participating in union safety and health activities,
or otherwise exercising your rights under the OSHA Act.
If you
believe you have been illegally punished, you must file your complaint
with OSHA within 30 days for it to be timely. OSHA can take action,
including going to court if necessary, to force your employer to restore
your job, earnings, and benefits. You will not have to pay any legal
fees. Recent court cases awarded hundreds of thousands of dollars in
back pay to employees who charged employers with firing after
blowing the whistle. OSHA is very serious about this rule.
Health
Hazards Can Cause Imminent Danger
Many
people think that only safety hazards, which could cause accidents, can be considered imminent dangers.
It is
important to remember that health hazards can cause imminent dangers.
Exposure to some toxic substances or dangerous fumes, dusts, or gases
can cause irreversible physical harm, shortened life, or reduced physical
or mental performance. OSHA may consider such hazards to be imminent
dangers even if the health effects of exposure to these hazards do not
become immediately apparent.
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