The Center for Effective Government (CEG) released a study that shows American employees lack protection from retaliation when reporting workplace health and safety hazards. CEG President and CEO Katherine McFate cited existing Federal employment laws regarding health and safety hazards as too weak and “outdated”, which fail to provide recourse for employees facing employer retaliation in today’s workplace.
The increased number of workplaces, increased U.S. labor force and OSHA workforce reduction require construction site, laboratory, factory and other work site employees to be ever more vigilant in reporting to OSHA. Center for Effective Government regulatory policy analyst and report author Katie Weatherford cites employer retaliation often includes unlawful “reduced hours or dismissal” when employees mention hazardous health and safety concerns. Workers are not receiving adequate protection from state or Federal OSHA agencies when it comes to harassment, suspension or termination for reporting occupational hazards.
Protecting America’s Workers Act is one of many efforts to improve federal law that Congress has stalled. Proposed funding increases to enhance whistle-blower protection for OSHA have been met with prioritization by the Obama administration but remain unfunded. Consequently, the CEG challenges state governments to upgrade its laws to protect employees in workplaces from employer retaliation when reporting hazardous health and safety conditions.
The Center recommends states laws
>Extend deadline to file retaliation complaints.
>Require prompt and comprehensive retaliation complaint investigations by state agencies.
>Authorize preliminary reinstatement of terminated employees by state agencies.
Allow employees the right to take independent legal action, when an agency refuses to proceed with their case or dismisses their case.
Director of regulatory policy Ronald White advises that these increased state law protections will reduce retaliation fear and encourage reporting of hazardous work conditions. Worker reports of hazardous conditions “will help federal OSHA and state programs identify and target their limited resources to the most dangerous facilities.”
For a full online report access http://www.foreffectivegov.org/right-to-safe-workplace.
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The Center for Effective Government advocates for an open government accountable to its citizens and seeks to advance the priorities of an informed public.
The federal Occupational Safety and Health Act (OSH Act) is the workplace statue covering employee health and safety. The enforcement of the OSH Act is the responsibility of the Occupational Safety and Health Administration (OSHA). According to another Center for Effective Government study from 1981 to 2011, the number of U.S. workplaces doubled and the number of employees grew from 73 million to 129 million employees. However, the number of OSHA inspectors was higher in 1981 than 2011. After mandatory budget cuts required in 2011, OSHA’s capability to protect employees was further limited.
The increased number of workplaces, increased U.S. labor force and OSHA workforce reduction require construction site, laboratory, factory and other work site employees to be ever more vigilant in reporting to OSHA. Center for Effective Government regulatory policy analyst and report author Katie Weatherford cites employer retaliation often includes unlawful “reduced hours or dismissal” when employees mention hazardous health and safety concerns. Workers are not receiving adequate protection from state or Federal OSHA agencies when it comes to harassment, suspension or termination for reporting occupational hazards.
Protecting America’s Workers Act is one of many efforts to improve federal law that Congress has stalled. Proposed funding increases to enhance whistle-blower protection for OSHA have been met with prioritization by the Obama administration but remain unfunded. Consequently, the CEG challenges state governments to upgrade its laws to protect employees in workplaces from employer retaliation when reporting hazardous health and safety conditions.
The Center recommends states laws
>Extend deadline to file retaliation complaints.
>Require prompt and comprehensive retaliation complaint investigations by state agencies.
>Authorize preliminary reinstatement of terminated employees by state agencies.
>Establish a reasonable burden of proof.
Allow employees the right to take independent legal action, when an agency refuses to proceed with their case or dismisses their case.
Director of regulatory policy Ronald White advises that these increased state law protections will reduce retaliation fear and encourage reporting of hazardous work conditions. Worker reports of hazardous conditions “will help federal OSHA and state programs identify and target their limited resources to the most dangerous facilities.”
For a full online report access http://www.foreffectivegov.org/right-to-safe-workplace.
# # #
The Center for Effective Government advocates for an open government accountable to its citizens and seeks to advance the priorities of an informed public.
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