Can I Be Fired for Filing an Osha Complaint?
Workers should always feel comfortable and secure reporting any accidents or violations in the workplace, and should not feel as if they could be fired for filing an OSHA complaint. The U.S Occupational Safety and Health Administration (OSHA) is an agency that strives to make sure that businesses are providing safe and healthy working conditions for their employees. These working conditions must abide by the Occupational Safety and Health Act of 1970.
Violating OSHA Laws
Unfortunately, from time to time companies can violate OSHA laws, and this can result in workers becoming injured. If this happens, it is best to contact a worker’s compensation lawyer, as you might be able to get compensation for your injuries.
The worker’s compensation lawyers at Gold, Albanese & Barletti, L.L.C. have decades of experience representing injured workers throughout the State of New Jersey, including Morristown and Red Bank where our offices are located.
Reporting OSHA Violations in NJ
Under the Occupational Safety and Health Act of 1970, workers have the right to file an OSHA complaint if they feel their health and safety in the workplace are at risk. It is recommended that individuals who wish to file a complaint do so very soon after they become aware of the workplace hazard. OSHA can only issue citations for current violations and violations that have occurred within the past 6 months.
If you do not wish to file a complaint, you can still call OSHA to report safety conditions. There is also the option to contact them through email or U.S mail.
Can I Be Fired for Filing an OSHA Complaint?
If you report or file an OSHA complaint, your employer is legally prohibited from firing you. If you become aware of unsafe working conditions, ultimately it is up to you whether or not you want to report it. To avoid any complications with employers, we recommend taking a few steps to mitigate any potential risk from your employer.
Speak with coworkers – A group of people filing a complaint will be more powerful than just one person. This can also avoid employers targeting one specific individual with anger.
Try to talk to a supervisor or someone above you before filing an OSHA complaint, there are times when unsafe working conditions can be accidentally overlooked, and talking to a supervisor can resolve the issue.
If you have taken these steps, and yet there are still unsafe or unhealthy working conditions, it is probably best to contact OSHA and file a complaint. Be specific, and if there is immediate danger to someone’s life, make sure you notify them as they will prioritize complaints that are life-threatening.
What Happens when I File an OSHA Complaint?
After you file a complaint, OSHA will contact you to determine if they will need to conduct an investigation. It’s imperative that you respond to OSHA as soon as possible otherwise they will dismiss your complaint. It is also important to note that a whistleblower complaint made to OSHA will not be confidential. If OSHA decides to move forward with your complaint, they will notify your employer to which they will have the opportunity to respond to your complaint if they choose.
Prioritize Healthy & Safe Working Conditions to Avoid OSHA Complaints
Workers should never feel as if their life is in danger when they go to work every day. It is their employer’s responsibility to ensure a healthy and safe work environment. If employees address issues that are concerning to them, employers should make the necessary changes to ensure that everyone feels safe and protected during their time at work.
If you feel uncomfortable with your work environment and feel that it is violating OSHA laws, don’t hesitate to contact OSHA as soon as it comes to your attention.
Our NJ Osha Attorneys Can Help You, Contact Gold, Albanese & Barletti, L.L.C Today.
If you have been wrongfully terminated for filing an OSHA complaint, or have questions about OSHA complaints, contact us today. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.
Contact Gold, Albanese & Barletti, LLC
Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for our clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.
Our firm is licensed and admitted to municipal, state, federal and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas.