Can I be fired for filing an OSHA complaint against my employer?
Common OSHA Violations
OSHA has a set of standards for all industries, and companies are required to meet or exceed the standards in order to keep their employees safe. The most common OSHA violations in 2020 were:
- Missing or substandard fall protection
- Unsatisfactory hazard communication
- Lack of respiratory protection
- Unsafe scaffolding
- Noncompliant ladders
- Poor lockout/tagout procedures
- Unsafe operation of forklifts
- Missing eye and face protection
- Lack of machine guarding or anchoring
Any one of these violations could lead to serious injury or death on the job. If these problems exist in your workplace, you should first talk to a supervisor or shift manager to make sure they are aware of the violation. If nothing is done about it, try to get coworkers on board with a group complaint and speak to your union rep if you have one. If nothing improves, you can contact OSHA directly with your complaint. OSHA will not reveal your identity unless it is essential to the case, but employers often have ways of finding out who complained.
What About COVID-19 Protocols?
If You Get Fired After Reporting a Violation
No employer with an ounce of sense is going to tell you that you are being terminated because you reported an OSHA violation. Instead, they will drum up other reasons for letting you go. However, if you are fired after filing a complaint, it’s likely that you have a claim for damages against your employer for violating whistleblower laws. Contact New Jersey employment lawyer Frank Steinberg to discuss your specific case.