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Discrimination
Discrimination Against Employees Who Exercise
Their Safety and Health Rights
Workers have the right to complain to HIOSH and seek a HIOSH
inspection. Section
11(c) of the Occupational Safety and Health Act of 1970 authorizes OSHA
to investigate employee complaints of employer discrimination against employees
who are involved in safety and health activities protected under the Act. OSHA
also is responsible for enforcing whistleblower protection under ten other laws.
OSHA Area Office staff can explain the protections under these laws and the deadlines
for filing complaints. Workers in the 23 states operating OSHA-approved State Plans may file complaints
of employer discrimination with the state plan as well. State and local government
workers in these states (and three others with public employee only state plans)
may file complaints of employer discrimination with the state.
Some examples of discrimination are firing, demotion, transfer, layoff, losing
opportunity for overtime or promotion, exclusion from normal overtime work, assignment
to an undesirable shift, denial of benefits such as sick leave or vacation time,
blacklisting with other employers, taking away company housing, damaging credit
at banks or credit unions and reducing pay or hours.
Refusing to do a job because of potentially unsafe workplace conditions is not
ordinarily an employee right under the OSH Act or the Hawaii Administrative
Rules HAR 12-57. (Your union contract or state law may, however, give you
this right, but HIOSH cannot enforce it.) Refusing to work may result in disciplinary
action by your employer. However, employees have the right to refuse to do
a job if they otherwise would be exposed to an imminent danger that
poses the risk of death or serious injury. In order to be protected under the
Occupational Safety and Health Act, an employee must satisfy several criteria before
he or she refuses to perform a job.
If you believe your employer has treated you differently because you exercised
your safety and health rights, contact HIOSH right
away. Most discrimination complaints fall under the Hawaii Administrative
Rules HAR 12-57, which gives you only 60 days to report discrimination.
Your complaint must be written and postmarked no later than the
60th day after discrimination has occured.. HIOSHconducts an in-depth interview
with each complainant to determine the need for an investigation. If evidence
supports the worker's claim of discrimination, HIOSH will ask the employer to
restore the worker's job, earnings and benefits. If the employer objects, HIOSH
may take the employer to court to seek relief for the worker.
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