Whistleblowing in the construction industry continues to garner attention from OSHA with increasing accountability to those companies who punish workers for reporting unsafe working conditions.
Earlier this month, an industrial company in Montgomeryville was fined $822,000 after the federal agency determined that two workers were fired for filing a complaint following an accident that resulted in a machine-related amputation. Says the agency, “In fact, the employee had taken photographs of the unguarded machine that caused the amputation, other areas of the shop and of employees operating unguarded machines.” The two workers were fired over the incident, allegedly for providing damaging information to OSHA.
Not only does this type of violation underscore the necessity for a proactive safety program when it comes to machinery, training and proper maintenance, but also the consequences for non-compliance. Any adverse action following an accident may put employers at risk for additional fines.
OSHA has devoted a separate website for this specific purpose so that workers are aware that their rights are protected when it comes to reporting unsafe conditions.
Employers should be aware that it is a violation to take adverse action against workers who report injuries, safety concerns, or other protected activity.
These include:
- Firing or laying off
- Blacklisting
- Demoting
- Denying overtime or promotion
- Disciplining
- Denial of benefits
- Failure to hire or rehire
- Intimidation/harassment
- Making threats
- Reassignment affecting prospects for promotion
- Reducing pay or hours
Obviously the legal and financial consequences only add to the health and safety damages that can occur with serious construction accidents, however, knowing the rights of workers who have been injured only benefits employers and workers.
For more information regarding construction safety, contact our offices at Diversified Safety Services.
