Responding to 11(c) Safety Retaliation Complaints: Hazard and Employee Safety Complaints
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Fully understand what 11(c) covers, how to respond to complaints, and how to properly respond to OSHA 11(c) investigations.This topic will discuss how to properly and legally handle discipline and/or termination of an employee so not to be covered under 11(c). The material will examine what is "potential activity" and "adverse employment action". It will discuss both the employee's and employer's burden of proof. The information will discuss how to properly handle an OSHA 11(c) investigation. Finally, it will examine the potential remedies for 11(c) violations and settlement options.
AuthorsEdwin G. Foulke Jr., Fisher & Phillips LLP
OSHA Retaliation Laws
• What Does 11(c) Retaliation Complaint Cover?
• What Other Whistle-blower Retaliation Statutes Does OSHA Investigate?
OSHA Investigation of Complaints
• Intake and Timeliness of Complaint
• Preliminary Investigation
• Field Investigation
• Conclusion of Investigation
• What Conduct Is Considered Protective Activity?
• What Is Adverse Employment Action?
• What Is the Employee's Burden of Proof?
• What Is the Employer's Burden of Proof?
• Timeliness of Filing Complaint
OSHA's Decision Process
• Early Resolution
• OSHA Determination of Merits
• Secretary Findings
• Appeal Process
Remedies and Settlement Procedures