How do OSHA’s whistleblower laws define retaliation?

On Behalf of | Jan 5, 2021 | Firm News |

As a railroad worker, you face numerous on-the-job hazards, and it is the responsibility of your employer to mitigate the risks you face as much as possible. When your employer takes shortcuts or otherwise acts in a way that creates unnecessary danger, you have a right to report it. 

When you do so, your employer may not retaliate against you in response to your calling attention to his or her wrongdoing. If he or she does retaliate against you, you may be able to hold your employer accountable. What might retaliation from your employer look like? 

Common forms of retaliation

If your employer fires you after you blow the whistle as a railroad worker, this may constitute workplace retaliation. However, retaliation may also take on many other forms. If your employer gives you less favorable job duties or a worse schedule than you had before your whistleblowing, these actions may count as retaliation. 

If he or she denies you a reasonable request for time off, intimidates or harasses you when you do show up to work or denies you benefits that are available to your colleagues, such behaviors may also violate whistleblower protection laws. Other adverse actions that are the direct result of your blowing the whistle may also violate these laws. 

Whistleblower claims

If you exercise your protected right to blow the whistle and your employer takes action against you because of it, you may want to file a claim with the Occupational Safety and Health Administration. 

If you decide to do so, keep in mind that you may need to adhere to a strict timeline when making your claim.