Ever wondered what the causation standard for an 11 (c) violation was? Well keep reading because the answer if further addressed below. The Occupational Safety and Health Act (OSHA) of 1970 was designed to ensure safe and healthful working conditions for employees across the United States. One critical provision within OSHA is Section 11(c), which provides protections for whistleblowers—employees who report unsafe working conditions or violations of workplace safety regulations. Section 11(c) is a vital part of OSHA because it safeguards individuals who take the courageous step of reporting their employer’s non-compliance with safety laws, ensuring that employees are not retaliated against for their actions.

Overview of OSHA and Section 11(c)

OSHA was created to address the increasing number of workplace injuries, illnesses, and fatalities during the mid-20th century. The law’s primary aim is to reduce work-related hazards and protect workers’ rights to a safe and healthy work environment. OSHA sets standards for workplace safety, regulates employers’ compliance, and enforces penalties for violations.

Section 11(c) of the Occupational Safety and Health Act specifically deals with whistleblower protections. This section prohibits employers from retaliating against employees who exercise their rights under OSHA, including the right to file complaints about unsafe conditions, request inspections, or participate in safety-related activities. The intent behind Section 11(c) is to encourage workers to report unsafe conditions without fear of losing their job, facing discrimination, or suffering other adverse consequences from their employer.

Under this section, whistleblower protection is extended to employees who report or refuse to engage in dangerous or illegal activities that violate OSHA standards. Such whistleblowers may file complaints with the Occupational Safety and Health Administration, and if the employer is found to have retaliated, the employee may be entitled to remedies including reinstatement, back pay, and compensation for any damages caused by the retaliation.

The Scope of Protection Under Section 11(c)

The protection afforded by Section 11(c) covers a wide range of activities that employees may engage in to safeguard workplace safety. This includes:

1. Filing a Complaint: Employees are protected when they file complaints with OSHA about unsafe or unhealthy working conditions.

2. Refusing to Work in Dangerous Conditions: If an employee reasonably believes that working conditions pose an imminent danger to their health or safety, they have the right to refuse to work, and this refusal cannot be used as a reason for retaliation.

3. Participating in Inspections or Investigations: Employees are protected when they cooperate with OSHA inspections, investigations, or hearings related to workplace safety.

4. Complaining About Employer Violations: If an employee informs the employer or other authorities about a violation of workplace safety rules, they are shielded from retaliation.

Retaliation and Enforcement

Retaliation against whistleblowers may take many forms, including demotion, suspension, salary reduction, termination, or creating a hostile work environment. It can also involve any action that adversely affects the employee’s work conditions or job security. OSHA is empowered to investigate allegations of retaliation and determine whether the actions taken by the employer were unlawful.

When an employee believes they have been retaliated against for engaging in protected activity under Section 11(c), they can file a complaint with OSHA. The complaint must generally be filed within 30 days of the alleged retaliation. Once a complaint is filed, OSHA will investigate the matter and determine whether there is sufficient evidence to support the claim. If retaliation is found, OSHA may order corrective actions, including reinstatement of the employee, back wages, and other compensatory damages.

However, enforcement of Section 11(c) can be complex. The burden of proof typically lies with the complainant, meaning that the whistleblower must provide evidence that the adverse action they experienced was directly related to their protected activity. Under the nexus requirement of a 11(c) claim is the but-for inquiry. Thus the question becomes was the whistleblower’s complaint a but-for reason for the subsequent adverse action he or she faced?  Some examples of but-for evidence included in the OSHA’s Desk Aid include close timing, between the protected activity and adverse action, evidence of hostility towards the protected complaint, and disparate treatment faced by the complainant when viewed in comparison to other employees. For more examples, see here.  If an employee is unable to prove this connection, his or her claim may be dismissed.

Conclusion

Section 11(c) of the Occupational Safety and Health Act plays a crucial role in ensuring that workers are able to exercise their rights without fear of retaliation. It encourages employees to speak up about unsafe working conditions, thereby helping to uphold the broader goals of the Occupational Safety and Health Act itself. By providing whistleblower protections, the provision helps maintain a balance between employer interests and employee rights, creating a safer work environment for all. For OSHA to be effective in reducing workplace hazards, it is essential that employees feel empowered to report violations and trust that they will not face retaliation for doing so.