Workplace Anti-Retaliation Programs

January 2017

On January 13, 2017, The Occupational Safety and Health Administration (“OSHA”) issued recommended practices for employers for creating Anti-Retaliation programs in the workplace. The goal of these practices is to help employers create workplaces in which workers feel comfortable voicing their concerns without fear of retaliation.

According to OSHA, the five key elements of an effective anti-retaliation program are:

Management leadership, commitment, and accountability
System for listening to and resolving employees’ safety and compliance concerns
System for receiving and responding to reports of retaliation
Anti-retaliation training for employees and managers
Program oversight

While the recommendations are not mandatory for employers, OSA believes that effective workplace Anti-Retaliation programs are “good for workers and good for business” in that they “help employers learn of problems and appropriately address them before they become more difficult to correct.”

OSHA defines retaliation as when an employer takes an adverse action against an employee based on or in an attempt to dissuade the employee from reporting an injury or unsafe workplace practice or condition. Examples of workplace retaliation include firing, demoting, denying overtime or promotion,disciplining, denying benefits, intimidation, reassignment to a less desirable position, reducing pay or hours.

OSHA recommends that employers maintain several avenues of reporting available to employees including one that permits anonymous and confidential reporting. Employers should provide regular training to supervisors and employees on encouraging reporting and the proper steps to take when an employee reports a concern.

OSHA also recommends that complaints are responded to in a timely manner and that the employer has an independent investigator review each report together with the investigation and final response.

For more information or to read OSHA’s Anti-Retaliation Recommendations in their entirety, please see https://www.osha.gov/Publications/OSHA3905.pdf.