A Guide Your Right To Safe Workplace Environments In Newport Beach, California
Your boss cannot fire or retaliate against you for reporting a dangerous working condition to the Occupational Safety and Health Administration (OSHA). On the other hand, employers are not immune to retaliation if they believe they can get away with it.
So, what do you do if you're aware of an unsafe working environment? Do you report it? Do you take the risk of losing your job? Here's a quick guide to OSHA and how it affects your workplace safety and employee rights.
What Is OSHA's Role in the Workplace?
The Occupational Safety and Health Administration (OSHA) is a federal organization that regulates workplace safety and health in various industries. OSHA can also punish and penalize employers who break its rules, audit businesses for compliance, and investigate individual complaints submitted by employees or Newport Beach Employment Lawyers.
In addition to any fines or penalties imposed by OSHA, those who violate its rules may face legal action. This is especially true when such transgressions cause employees to be hurt or become unwell at work.
A Newport Beach Employment Law Attorney in California can provide you with further information about this specific claim.
How Do I Protect Myself From Retaliation?
If you do decide to report the safety breach, use these steps to reduce the amount of risk to your job:
Consult your coworkers.
A group complaint presented as a shared issue by several of you may help defuse your boss's rage against any of you.
Speak with your labor union. Although unions are becoming less common these days, if you have one, use it. Your union representative can (usually) keep your identity out of the situation while negotiating with your employer to resolve the dangerous problem.
Before filing a complaint with OSHA, try to speak with your direct supervisor, shift manager, or another person in authority. There's always the chance that the danger is simply being disregarded. Bosses often have a lot on their minds and aren't always as aware of what's going on in the office as their employees are.
If everything else fails, file a formal complaint with OSHA. Complaints that indicate an immediate or imminent threat to worker safety are given first treatment by OSHA. As a result, the language of your complaint is critical. If you believe someone's life is in imminent danger, say so.
Using OSHA's Formal Complaint Process
If simply looking for records and talking with your employer about an issue to request an action does not provide results in a reasonable amount of time, it may be required to seek legal guidance. You could also contact OSHA directly to file a formal complaint or request an inspection of the relevant employer or workstation.
Online, by phone, fax, or in writing, OSHA complaints are accepted. We can help you find and understand the forms you'll need, as well as provide instructions on how to fill them out. Rather than alerting your employer who filed the complaint, you can ask OSHA to keep your name confidential.
Contact a Newport Beach Employment Lawyer ahead of time to ensure that your complaint is of the sort that OSHA would accept and to discover what you should and shouldn't include on the complaint forms for the best results. A California labor lawyer can help you improve the effectiveness of your complaint while also securing your legal protection in the future.
When Can You Sue For Retaliation?
If you are facing retaliation after filing a complaint, you must respond immediately, whether it begins when you bring the issue to your supervisor's notice or when OSHA arrives with an inspector. You have only 30 days to file a retaliation complaint with OSHA.