Can I be punished or discriminated against for filing a complaint?
Workers have the right to complain to VOSH and seek a VOSH inspection.
The laws of Virginia authorize VOSH to investigate employee complaints
of employer discrimination against those who are involved in safety
and health activities.
Some examples of discrimination are firing, demotion, transfer, layoff,
losing opportunity for overtime or promotion, exclusion from normal
overtime work, assignment to an undesirable shift, and denial of benefits
such as sick leave or vacation time.
Refusing to do a job because of potentially unsafe workplace conditions
is not ordinarily an employee right under the Labor Laws of Virginia.
(Your union contract may give you this right; however,but VOSH cannot
enforce it.) Discharge or discipline of an employee who has refused
to do a job because of a reasonable fear of injury or death is considered
retaliatory only if the employee has sought to have the employer correct
the hazard and the statutory procedures for securing correction of the
hazard would not have provided timely protection. The two considerations
in applying this provision are whether the hazard is a real danger of
death or serious harm as opposed to a potential danger, and whether
there is sufficient time to resort to imminent danger procedures.
Job related illnesses and injuries are not, of themselves, protected
activity. There must be some safety/health activity by the employee.
If you believe your employer has treated you differently because you
exercised your safety and health rights, contact the VOSH Discrimination
Investigator right away. Most discrimination complaints fall under the
Labor Laws of Virginia, which give you only 60 days to report discrimination.
You can telephone, fax or mail your complaint to the address listed
below. VOSH conducts an in-depth interview with each complainant to
determine the need for an investigation. If evidence supports the worker's
claim of discrimination, VOSH will attempt by conciliation to have the
violation abated without economic loss to the employee. If the employer
objects, VOSH may take the employer to court to seek relief for the
worker.
If, after the investigation, VOSH decides not to issue a charge against
the employer, the employee can bring an action in a circuit court having
jurisdiction over the employer.