Safety Complaint Retaliation Attorney

Section 11(c) of the OSH Act prohibits retaliation against employees who report safety concerns, file OSHA complaints, participate in OSHA inspections, or refuse dangerous work. California Labor Code § 6310 provides state-level protection. New York Labor Law § 740 protects employees who report workplace safety violations. These laws cover reporting to both government agencies and internal management.

Yes, under limited circumstances. Under OSHA regulations (29 CFR 1977.12) and California Labor Code § 6311, you can refuse work if you have a reasonable, good-faith belief that performing it would expose you to an imminent danger of death or serious injury, and there is insufficient time to seek correction through normal channels. Document your belief and the hazard clearly.

Federal OSHA retaliation complaints must be filed within 30 days. California complaints under Labor Code § 6310 should be filed with Cal/OSHA or the Labor Commissioner. New York complaints under Labor Law § 740 must be filed in court within two years. Because federal deadlines are very short, contact an attorney or file with OSHA immediately if you experience retaliation.

Remedies include reinstatement, back pay with interest, compensatory damages, and attorneys' fees. Under California law, additional penalties may apply. If the retaliation also violates the whistleblower statute (Lab. Code § 1102.5), you may also recover punitive damages. New York's expanded Labor Law § 740 now allows compensatory damages, punitive damages, and front pay.