Creating a blame-free environment where employees can report any safety concerns or unsafe practices without fear of reprisal is critical for a good safety culture and strong safety performance. However, all too often employees are effectively punished for doing so
US employees who believe they are retaliated against for exercising their legal rights can file a whistleblower complaint with OSHA. OSHA's Whistleblower Protection Program enforces protections for employees who suffer retaliation for engaging in protected activities under more than 20 federal laws.
OSHA highlights a case where a public transit employee noticed some damage on the tracks that could cause railcars to derail if left unrepaired. After reporting the hazard, the employee's manager said there wasn't time to make repairs because service would be disrupted. The manager then reassigned the employee to the night shift and removed them from rail repair work.
The employee filed a whistleblower complaint with OSHA. An investigation found that the site manager's actions violated the National Transit Systems Security Act, which protects public transportation workers from retaliation for reporting potential safety or security violations. As a result, the employee's original work schedule was restored, and the track damage was reported to the Federal Transit Administration.
“This case is a reminder that workplace safety is a shared responsibility,” says OSHA. “Workers have the right to report safety concerns without fear of retaliation, and speaking up can help prevent serious incidents before they happen.”
OSHA has published guidance to help employers create workplaces that are free from retaliation, highlighting five key elements:
1.Management commitment
Managers need to lead by example and ensure that systems for reporting concerns, anti-retaliation policies and practices, and training for managers are implemented, enforced and evaluated. Make use of strong codes of conduct and ethics programmes to identify retaliatory behaviour as a form of misconduct.
2. Compliance concern response system
Create an environment where raising concerns about workplace conditions and activities is comfortable for all employees. Have at least one to allow anonymous or confidential reporting, respond in a timely manner, and provide fair and transparent resolution to concerns.
3. Anti-retaliation response system
Take all concerns seriously. Make the process to report concerns known and clear, investigate claims objectively and listen to all sides before making a judgement, ensuring that employees are not discouraged from reporting concerns.
4. Anti-retaliation training
Effective anti-retaliation training should give employees the knowledge, skills, and tools they need, as well as explain the employer’s commitment to complying with the law, employee rights, an overview of the employer’s anti-retaliation programme, and what constitutes retaliation.
5. Programme oversight
Rigorous oversight is needed to ensure an anti-retaliation programme is effective. Develop a plan for oversight, review findings and modify and improve the programme as needed.
