How Ohio’s Workplace Safety Laws Protect Against Retaliation

In Ohio, every employee has the right to a safe workplace. When that safety is compromised, the law provides a way for employees to speak up without fear of punishment.

This blog post explores how Ohio’s workplace safety laws protect against retaliation, ensuring that employees can report hazards and advocate for a secure work environment.

An Overview of Ohio Workplace Safety Laws

Ohio’s commitment to workplace safety is rooted in both federal and state law. The federal Occupational Safety and Health Act (OSH Act) of 1970 is a cornerstone of these protections, establishing a national standard for safe working conditions. Ohio also has its own set of laws and regulations that complement and, in some cases, expand upon these federal protections.

A key piece of legislation is the Ohio Whistleblower Protection Act, which specifically shields employees who report illegal or hazardous activities in the workplace. Together, these laws create a comprehensive framework designed to ensure that safety is a priority and that employees are empowered to identify and report potential dangers. This overview of Ohio workplace safety laws highlights the robust legal protections available to employees in the state.

Employee Rights Under Ohio’s Workplace Safety Laws

Under this legal framework, employees have a number of fundamental rights. Understanding these employee rights under Ohio’s workplace safety laws is the first step in ensuring they are respected.

• The Right to a Safe Workplace: First and foremost, employees have the right to a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm.
• The Right To Report Hazards: Employees have the right to report safety concerns to their employer and, if necessary, to the Occupational Safety and Health Administration (OSHA) without fear of reprisal.
• The Right to Information and Training: Employers must provide employees with information and training about workplace hazards, and how to prevent harm, in a language and vocabulary they can understand.
• The Right To Participate in Inspections: Employees have the right to participate in an OSHA inspection and speak in private with the inspector.
• The Right To Access Records: Employees have the right to review records of work-related injuries and illnesses at their workplace.

Employer Responsibilities To Prevent Retaliation

Just as employees have rights, employers have a corresponding set of responsibilities. These employer responsibilities to prevent retaliation are crucial for fostering a culture of safety.

Employers are legally obligated to:

• Provide a Safe Workplace: This includes complying with all OSHA safety and health standards.
• Establish Clear Reporting Procedures: Employers should have a clear and accessible process for employees to report safety concerns without fear of reprisal.
• Train Managers and Supervisors: It is essential to train management in how to respond to safety complaints and to ensure they understand that retaliation is illegal.
• Investigate Complaints Promptly and Thoroughly: When a safety concern is raised, employers have a duty to investigate it in a timely and impartial manner.
• Maintain Confidentiality: To the extent possible, employers should keep the identity of the reporting employee confidential to protect them from potential retaliation.

How To Recognize Retaliation in the Workplace

Retaliation is not always as overt as a termination. It can take many forms. Knowing how to recognize retaliation in the workplace is key to protecting your rights.

Some common examples include:

• Termination or Layoff: Firing an employee shortly after they report a safety concern is a classic example of retaliation.
• Demotion or Reassignment: Moving an employee to a less desirable position or department can also be a form of retaliation.
• Reduction in Pay or Hours: Unjustifiably cutting an employee’s pay or hours is another common retaliatory tactic.
• Disciplinary Action: Subjecting an employee to unwarranted disciplinary action, such as a negative performance review, can be a form of retaliation.
• Harassment or Intimidation: Creating a hostile work environment through threats, insults, or other forms of harassment is also illegal retaliation.

Legal Protections and Remedies for Retaliation Victims

For those who have experienced retaliation, the law provides a path to justice. The legal protections and remedies for retaliation victims are designed to “make the employee whole” and to deter future misconduct by the employer.

These remedies can include:

• Reinstatement: If an employee was fired, a court can order the employer to give them their job back.
• Back Pay: An employee can be awarded the wages they lost because of the retaliation.
• Damages: In some cases, an employee may be able to recover other damages, such as emotional distress damages and punitive damages.
• Attorney’s Fees and Costs: The employer may be required to pay the employee’s legal fees and court costs.

Steps Employees Can Take If They Experience Retaliation

There are specific steps employees can take if they experience retaliation. If you believe you have been the victim of workplace retaliation, you should do the following.

• Document Everything: Keep a detailed record of the safety concern you reported, when you reported it, and any actions that you believe were retaliatory.
• Follow Internal Procedures: If your employer has a process for reporting retaliation, follow it.
• File a Complaint with OSHA: You can file a whistleblower complaint with OSHA within 30 days of the retaliatory action.
• Consult with an Attorney: An experienced employment law attorney can help you understand your rights and options.

Case Studies and Real-Life Examples

To understand workplace retaliation, consider the following hypothetical case studies and real-life examples.

• Example One: An employee at a manufacturing plant reports that a machine is missing a safety guard. A week later, he is fired for being “insubordinate.” This is likely a case of illegal retaliation.
• Example Two: A construction worker complains to her supervisor about the lack of fall protection on a job site. The next day, she is reassigned to a different project with a much longer commute. This could also be a form of retaliation.

Best Practices for Employers To Avoid Retaliation Claims

Employers can take proactive steps to prevent retaliation and create a safer workplace for everyone. These best practices for employers to avoid retaliation claims include:

• Develop a Strong Anti-Retaliation Policy: This policy should be clearly communicated to all employees.
• Train All Employees in Their Rights and Responsibilities: Everyone in the organization should understand the importance of workplace safety and the illegality of retaliation.
• Take All Complaints Seriously: Investigate every safety complaint promptly and thoroughly.
• Document All Actions: Keep a clear record of all safety complaints and the steps taken to address them.

Knowing how Ohio’s workplace safety laws protect against retaliation is essential for both employees and employers. A safe workplace is a productive workplace, and the law provides a strong foundation for ensuring that all state residents can go to work without fear of injury or reprisal.

If you believe you have been the victim of workplace retaliation, it is important to act quickly. Contact The Friedmann Firm to schedule a no-cost consultation and learn more about how we can help you resolve this issue.