The United States is reopening, and many people are returning to work with the dilemma of COVID-19 still hovering over the nation. Employers are expected to create and preserve safe work environments that ensure public safety, as well as the safety and wellbeing of their employees.
What should your employer do to ensure a safe working environment?
Employers should implement COVID-19 prevention programs within the workplace, including basic COVID-19 safety measures like wearing face masks (where mandated by law) and following CDC guidelines.
Additionally, employers should conduct hazard assessments on an ongoing basis and incorporate a combination of measures that limit the spread of COVID-19. Employers should also ensure that workers who have been infected or are showing possible COVID-19 symptoms are immediately isolated and sent home.
If workers have access and belong to a union, employers should also work in cooperation with (and not against) union representatives.
Ultimately, workers should feel as safe as they can working during an ongoing pandemic and free from retaliation when addressing or reporting safety concerns and violations.
What if your employer disregards safety measures or shows no regard for employee safety and wellbeing?
If you observe unsafe working conditions and choose to report them to authorities or even a superior within your workplace, you are a whistleblower.
In greater detail, a whistleblower may observe or experience wasteful practices, corruption, fraud, abuse, or dangers to public health and safety in the workplace and then take action by reporting the wrongdoing to someone who is in a position to rectify the situation.
Whistleblowers are often employees, but volunteers, contractors, or a person otherwise working for the business in question also has the power to report wrongdoing. Additionally, you can have someone else file a claim of the wrongdoings on your behalf- like an attorney.
Whistleblowers should never be ostracized but instead protected for doing their part to preserve everyone’s wellbeing. However, this is often not the case- but don’t worry; there’s an “act” for that…
What are your legal protections as a whistleblower?
The Occupational Safety and Health Administration (OSHA), part of the United States Department of Labor, offers some protection to whistleblowers. OSHA currently administers a little over twenty whistleblower protection laws. A section of the OSH Act covers situations like whistleblowers being ostracized and retaliated against by their employers.
Section 11(c) prohibits retaliation against employees who report unsafe or harmful conditions in the workplace.
A whistleblower complaint must allege four key elements, which can be found on the OSHA website.
The complaint cannot be anonymous. You may file your claim online or over the phone. Once you file your complaint, OSHA will contact you to determine whether to investigate.
California Whistleblower Protections
California’s Whistleblower Protections further defend employees from employer retaliation after reporting an employer for wrongdoing or other law violations. Additionally, California Whistleblower Protection shields employees from being punished by their employers for refusing to participate in acts the employee knows to be against the law.
State policies dictate safety measures to help slow and prevent the spread of COVID-19, like wearing face coverings in public spaces, physical distancing, and regular disinfection.
Whistleblowers in California have the added reassurance the California Whistleblower Protection Acts provide. Under Labor Code Section 1102.5, it is illegal for employers to retaliate or punish an employee for declining to participate in an activity that would violate a local, state, or federal rule or law.
If your employer has retaliated against you, you could be entitled to lost wages and even lost benefits.
COVID-19 Whistleblower Complaints Are on the Rise
Some states do not protect public and private employees under whistleblower protection laws; but, fortunately, California does. It is a great idea to educate yourself on what steps to take if your employer does not provide a safe work environment or if you believe your employer has violated the law, putting you and the public in danger.
However, guidelines at the state, local, and federal levels (regarding Covid-19 and workplace safety) have changed. It can be challenging to identify what rights you have, what your employer is or isn’t responsible for regarding your safety at work.
If you have been retaliated against by your employer after reporting unsafe COVID-19 conditions in the workplace, contact our team of experienced attorneys to receive advice about your situation and determine the next best steps to protect your rights as a whistleblower. You can learn more about our firm and attorneys here, our contact our team by calling 909-884-6451.
