Section 11(c) of the Occupational Safety and Health Act prohibits employers from retaliating against employees from exercising rights under the OSH Act.
Rights include, but are not limited to:
- Filing a complaint related to the OSHA Act
- Communicating with management about health and safety matters
- Participating in and on-site OSHA inspection
- Requesting copies of OSHA required information
Prohibited actions include, but are not limited to:
- Firing
- Demoting
- Disciplining
- Threatening
- Intimidating
- Reducing hours or pay
If OSHA finds the employee has been retaliated against in violation of the OSHA Act, The Office of the Solicitor of Labor may seek relief in U.S. District Court. In such litigation possible remedies for the employee include, but are not limited to :
- Reinstatement
- Back pay and interest
- Punitive damages
Retaliating against an employee for involvement is Health and Safety issues can have serious consequences for employers.
Mr. Brunetz has experience working as an outside general counsel for a technology company assisting the company in negotiating and finalizing NDAs, SaaS agreements and technology development agreements as well as many other aspects of the company’s business. His legal experience also includes courtroom representation of clients in civil litigation matters, including personal injury, wrongful death, workers’ compensation, construction, contract, commercial disputes, and malpractice actions.