Every worker has the right to work in a safe environment. Employers in Ohio are required under both state and federal law to comply with certain safety rules and regulations. Unfortunately, not every employer follows these laws, putting everyone in the workplace at risk of harm. If you have observed a workplace safety violation and reported it to the necessary authority, it’s important to understand that you have whistleblower protections and cannot be subjected to an adverse employment action or retaliated against.

Common Workplace Safety Violations That May Be Reported

There are many safety violations that can occur in the workplace leading to trips and falls, slips and falls, fire hazards, machinery accidents, scaffolding collapses, and more. Depending on the nature of the workplace, other accidents that can happen on the job may include caught-in-between accidents, struck-by accidents, defective equipment accidents, and accidents caused by lack of personal protective equipment. Critically, many of these accidents can be prevented by implementing proper safety measures and protocol.

Some common workplace safety violations that may be reported can include the following:

• Failure to provide proper safety equipment
• Inadequate scaffolding
• Failure to provide respiratory, face, and eye protection
• Poor hazard communication
• Not properly maintaining machinery and equipment
• Failure to test for chemical hazards
• Improper lockout and tagout procedures
• Not providing fall protection
• Improper training in use of machines
• Failure to remedy hazardous conditions

The above types of safety hazards can result in serious harm to workers and should be reported to a supervisor immediately. Significantly, there are certain procedures that must be followed in order to have whistleblower protections for reporting a workplace safety violation.

Who Has Whistleblower Protections for Reporting a Workplace Safety Violation?

A whistleblower is someone with inside knowledge who reports illegal activity or dangerous workplace conditions to an applicable authority. Specifically, an employee is eligible for whistleblower protections under Ohio law for reporting a safety hazard if the following criteria are met:

1. The employee becomes aware of a violation of any statute or regulation
2. The employer has the authority to remedy the violation
3. The employee reasonably believes the condition is a criminal offense that could cause an imminent risk of bodily harm or poses a hazard to the public health or safety

If an employee observes a dangerous condition, they must orally notify their supervisor and then file a detailed written report. After receiving notice of the condition, the employer is required within 24 hours to correct the violation or make a good faith effort to do so. The employer must also notify the employee of the efforts they made to correct the condition. If the employer fails to do these things, the employee may submit a detailed written report to the inspector general, the Occupational Safety and Health Administration (OSHA), the Ohio Industrial Commission, or another prosecuting authority.

What Protections Does a Whistleblower Have for Reporting a Workplace Safety Violation?

Under the Ohio and federal whistleblower laws, it is against the law for a worker to be terminated, subjected to adverse employment action, or retaliated against for making a complaint or reporting a safety hazard. An employee who has been disciplined or retaliated against for whistleblowing may be entitled to pursue civil action against the employer for monetary relief — including attorneys’ fees, court costs, back pay with interest, and other damages incurred. Injunctive relief may also be sought, including reinstatement to the former position and the employment benefits that came with the position.

Retaliatory action under the whistleblower laws can include:

• Terminating, demoting, or suspending the employee
• Making threats against the employee
• Reassigning the employee to a different position
• Transferring the employee to a less desirable location
• Reducing the employee’s pay
• Denying overtime
• Withholding a promotion
• Withholding a raise or employment benefits

Under Ohio’s whistleblower law, legal action must be taken by an employee within 180 days of the retaliation. Importantly, if an employee does not have a “reasonable basis” to report the information, they will not have whistleblower protections. It’s best to consult with an experienced employment law attorney who can evaluate the case and advise regarding the specific circumstances.

Contact a Knowledgeable Ohio Employment Law Attorney

If you were subjected to retaliation in the workplace for reporting a safety violation, it’s essential to have a skillful attorney who can advise you regarding your whistleblower protections and legal remedies. Located in Westlake and providing trusted representation to clients throughout Ohio, the employment law attorneys of Lalak LLC fight for the rights of workers who have been unlawfully discharged by their employers. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can assist you.