When OSHA receives a complaint related to employee safety and health or a severe injury report, one action by OSHA is to give the employer an opportunity to respond before it takes the more extreme action of opening an inspection. In addition, when OSHA receives an allegation of retaliation, it must provide the employer a chance to explain why the action of which it is accused was legitimate or did not occur as alleged. These responses are an opportunity for the employer to provide sufficient information to avoid an inspection or litigation of a retaliation claim. A strong response could appease OSHA’s concerns and resolve the complaint or report in a favorable manner for the employer. However, these responses can also create a written record of admissions to which OSHA can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to create liability. Thus, employers must be strategic about the information they share at this early stage and should ensure there is a procedure in place for managing and developing these responses.
Participants in this webinar learned about:
– The types of complaints and incidents that lead OSHA to request information from the employer;
– Specific prohibitions of Section 11(c) (OSHA’s anti-retaliation law) and how retaliation complaints are evaluated;
– Strategies employers can use to effectively respond to Section 11(c) complaints, Notices of Alleged Hazards, and RRI requests; and
– Proactive measures employers can take to avoid employee complaints.
A webinar from Conn Maciel Carey LLP.
Use of this video does not in any manner constitute or establish an attorney-client relationship between Conn Maciel Carey and the viewer. This video may be deemed "attorney advertising" in jurisdictions from which it is accessed. The decision to hire a lawyer is a serious one and should be undertaken after consideration of all relevant information, not only information on this video.
