Safety Basics VII: Whistleblower Protections

Ogletree Deakins Podcasts

In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the whistleblower protections of section 11(c) of the Occupational Safety and Health (OSH) Act, which prohibits retaliation against employees who raise health or safety complaints to the government or their employers. Frank and John explain the elements that establish a valid claim of retaliation under the OSH Act: (1) a complaint about unsafe working conditions; (2) an adverse employment action; and (3) a “but for” causal relationship between the complaint and the adverse action. They also emphasize the importance of documenting employee misconduct and discipline to defend against retaliation claims and demonstrate legitimate, nondiscriminatory reasons for adverse employment actions.