Section 11c Osha

If as a result of such investigation the secretary determines that the provisions of section 11 c have been violated civil action may be instituted in any appropriate united states district court to restrain violations of section 11 c 1 and to obtain other appropriate relief including rehiring or reinstatement of the employee to his former position with back pay.

Section 11c osha. On wednesday april 19 2016 kara m. 660 c states that it is unlawful for employers to discharge or discriminate against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this act. Section 11 c of the occupational safety and health act of 1970 provides that no person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this act.

In addition to the overall responsibility of enforcing section 11 c of the act the secretary of labor has delegated to osha the responsibility for investigating claims of retaliation filed by employees under the whistleblower provisions of the following twenty statutes which together constitute the whistleblower protection program. Statutes occupational safety and health act osh act section 11 c occupational safety and health act osh act section 11 c 29 u s c. Section 11 c further provides for notification of complainants by the secretary of determinations made pursuant to their complaints.

Section 11 c of the osha act 29 u s c. To start although osha enforces whistleblower standards under 22 different statutes the agency receives most of its retaliation claims over 62 under section 11 c of the occupational safety and health osh act. Schwartz delivered a webinar regarding osha whistleblower investigations as part of the firm s 2016 osha webinar series.