74 | SMALL BUSINESS SAFETY ANDHEALTH HANDBOOK
management systems and maintain injury
and illness rates below national Bureau of
Labor Statistics averages for their respective
industries. In VPP, management, labor, and
OSHA work cooperatively and proactively
to prevent fatalities, injuries, and illnesses
through a system focused on: hazard
prevention and control; worksite analysis;
training; and management commitment and
worker involvement. To participate, employers
must submit an application to OSHA and
undergo a rigorous onsite evaluation by a
team of safety and health professionals.
Whistleblower Program:
Protection from Retaliation
To help ensure that workers are free to participate
in safety and health activities, Section 11(c) of
the OSH Act prohibits any person from ring or
in any manner retaliating against any worker for
exercising rights under the OSH Act. These rights
include raising safety and health concerns with
an employer, reporting a work-related injury or
illness, ling a complaint with OSHA, seeking
an OSHA inspection, participating in an OSHA
inspection and participating or testifying in any
proceeding related to an OSHA inspection.
Protection from retaliation means that an
employer cannot retaliate by taking “adverse
action” against workers, such as:
•
Firing or laying o
•
Demoting
•
Denying overtime or promotion
•
Disciplining
•
Denying benets
•
Failing to hire or rehire
•
Intimidation or harassment
•
Making threats
•
Reassignment to a less desirable position or
actions aecting promotion prospects
•
Reducing pay or hours
•
More subtle actions, such as isolating,
ostracizing, mocking, or falsely accusing the
employee of poor performance
•
Blacklisting (intentionally interfering with an
employee’s ability to obtain future employment)
•
Constructive discharge (quitting when an
employer makes working conditions intolerable
due to the employee’s protected activity)
•
Reporting the employee to the police or
immigration authorities
Workers who believe an employer has retaliated
against them for exercising their safety and
health rights should contact their local OSHA
oce right away. A worker must le a retaliation
complaint with OSHA within 30 calendar days
from the date the retaliatory decision has
been both made and communicated to the
worker. No form is needed, but workers must
contact OSHA within 30 days of the alleged
retaliation. Complaints may be led verbally
with OSHA by visiting or calling the local OSHA
oce at 1-800-321-OSHA (6742), or may be
led in writing by sending a written complaint
by facsimile, electronic communication, hand
delivery during normal business hours, U.S.mail,
or other third-party commercial carrier tothe
closest OSHA regional or area oce, or by
ling a complaint online at
www. osha. gov/
whistleblower/WBComplaint. For more
information, please visit OSHA’s Whistleblower
Protection Program webpage
.
If a worker believes that working conditions
are unsafe or unhealthful, the worker may le a
complaint with OSHA concerning a hazardous
working condition. The worker may have a legal
right to refuse to work if the condition clearly
presents a risk of death or serious physical
harm,there is not sucient time for OSHA
to inspect, and, where possible, a worker has
brought the condition to the attention of the
employer. For more information, visit OSHA’s
Worker Rights webpage.