Section 11 C Of The Osha Act
Section 10 procedure for enforcement.
Section 11 c of the osha act. 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. Section 11 judicial review. Section 11 c provides in general that no person shall discharge or in any manner discriminate against any employee because the employee has.
A filed any complaint under or related to the act. The right of workers to seek safety and. Section 8 inspections investigations and recordkeeping.
Section 11 c prohibits persons from retaliating against employees for engaging in activity related to safety or health in the workplace. Section 6 occupational safety and health standards. Section 9 citations.
For purposes of the act an employee is defined as an employee of an employer who is employed in a business of his employer which affects commerce the act does not define the term employ. All employees are afforded the full protection of section 11 c. The section of the osh act that prohibits employers from discriminating against workers for exercising their safety and health rights is section 11 c.
B instituted or caused to be instituted any proceeding under or related to the act. Any person adversely affected or aggrieved by an order of the commission issued under subsection c of section 10 may obtain a review of such order in any united states court of appeals for the circuit in which the violation is alleged to have occurred or where the employer has its principal office or in the court of appeals for the district of columbia circuit by filing in such court within sixty days following the issuance of such order a written. In particular under section 11 c of the osh act these rights include filing an osha complaint participating in an inspection or talking to an inspector seeking access to employer exposure and injury records reporting an injury and raising a safety or health complaint with the employer.
When an employee believes that this provision has been violated he or she may file a complaint with osha within 30 calendar days of the adverse action. Section 7 advisory committees. A 29 usc 660.