Back to Basics is a weekly feature that highlights important but possibly overlooked information that any EHS professional should know. This week, we examine OSHA’s whistleblower protections and how to establish an anti-retaliation program in the workplace.

Reporting safety issues is an integral part of maintaining an effective, positive safety environment in the workplace. Workers must be able to feel safe reporting violations without fear of retaliation, and EHS leaders and management are responsible for creating an environment in which reporting can be done in a productive manner.

Retaliation

According to OSHA, retaliation occurs when an employer fires an employee or takes any type of adverse action against an employee for engaging in protected activity. OSHA defines an adverse action as one which would dissuade a reasonable employee from raising a concern about a potential violation or engaging in any other related protected activity. Adverse actions can include firing, demoting, or laying off an employee, denying them overtime, promotion, or benefits, changing their pay or hours, or engaging in intimidation, harassment, or making threats towards the employee.

There are several statues enforced by OSHA which cover several industries and contain whistleblower protections that help keep workers safe from retaliation. The more well-known of these statutes include the Affordable Care Act (ACA), the Clean Air Act (CAA), the Occupational Safety and Health Act (OSH Act), and...

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