Wrongful dismissal

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# ANNOTATIONS (cont.) ## ANNOTATIONS (cont.) "any review proceeding", deleted "under" and added "provided for in", and after "civil penalty not to exceed", deleted "seven thousand dollars ($7,000)" and added "twelve thousand six hundred seventy-five dollars ($12,675)"; in Subsection G, after "civil penalty not to exceed", deleted "seven thousand dollars ($7,000)" and added "twelve thousand six hundred seventy-five dollars ($12,675)"; in Subsection I, after "penalties imposed", deleted "under" and added "pursuant to the provisions of"; and added a new Subsection J and redesignated the succeeding subsections accordingly. The 1993 amendment, effective April 8, 1993, substituted "commission" for "director" in Subsection D; substituted "secretary" for "director or his authorized representative" in Subsection K; and made minor stylistic changes throughout the section. The 1992 amendment, effective July 1, 1992, substituted all of the present language of Subsection A following "exceed" for "ten thousand dollars ($10,000) for each violation"; deleted "other than the state, a political subdivision, or any agency of either" following "employer" in Subsection B; substituted "seven thousand dollars ($7,000)" for "one thousand dollars ($1,000)" in Subsections B, C, D, and G; deleted former Subsection C, relating to the state and political subdivisions; redesignated former Subsections D and E as present Subsections C and D; deleted "of the Occupational Health and Safety Act" following "1978" in Subsection D; and added present Subsection E. Am. Jur. 2d, A.L.R. and C.J.S. references. - 61 Am. Jur. 2d Plant and Job Safety OSHA and State Laws § 131 et seq. Validity, under federal constitution, of provisions of Occupational Safety and Health Act of 1970 (29 U.S.C.S. § 651 et seq.) relating to inspections, enforcement of civil penalties, and administrative or judicial review, 34 A.L.R. Fed. 82. Who is "employer" for purposes of Occupational Safety and Health Act (29 USCA §§ 651 …

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# COMPLAINT AND REFERRAL PROCESSING (cont.) application, such information must be redacted. Where inclusion of the employee's name is necessary, Area Offices should consult with RSOL about filing the warrant application under seal. 2. Whistleblower Protection. a. Section 11(c) of the Act provides protection for employees who believe that they have been the subject of an adverse employment action in retaliation for engaging in activities related to workplace safety or health. Any employee who believes that he or she has been discharged or otherwise retaliated against by any person as a result of engaging in such activities can file a whistleblower complaint. The complaint must be filed within thirty (30) days of the discharge or other retaliation. b. Complainants should always be advised of their Section 11(c) rights and protections upon initial contact with OSHA and whenever appropriate in subsequent communications. K. Recording in OIS. Information about complaint and referral inspections or inquiries must be recorded in OIS following the current instructions outlined in the FOM. Referrals reported by the employer will be recorded in OIS following the guidance provided in the Memorandum entitled, Revised Interim Enforcement Procedures for Reporting Requirements under 29 C.F.R. 1904.39, dated March 4, 2016, or unless superseded by future Agency-approved correspondence. - II. Whistleblower Complaints. A. OSHA enforces the whistleblower or anti-retaliation provisions of the OSH Act and 21 other other federal statutes. These anti-retaliation statutes protect employees who report violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. The statutes generally prohibit employers from discharging or otherwise retaliating against th…

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# PART I State Specific Regulations Applicable to Construction and General Industry KENTUCKY REVISED STATUTE Title XXVII Labor and Human Rights Chapter 338 Occupational Safety and Health of Employees ## 338.031 Obligations of Employers and Employees (1) Each employer: (a) Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (b) Shall comply with occupational safety and health standards promulgated under this chapter. (2) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct. 1

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# ANNOTATIONS (cont.) ## 50-9-25. Discrimination. (cont.) acknowledged by the employee, alleging such discrimination. Upon receipt of the complaint, the secretary shall cause such investigation to be made as he deems appropriate. Within sixty days of the receipt of a complaint filed under this section, the secretary shall notify the complainant of his determination. If, upon such investigation, the secretary determines that the provisions of this section have been violated, he shall file a petition in the district court for the political subdivision in which the alleged violation occurred to restrain the violation of Subsection A of this section and for other appropriate relief including rehiring or reinstatement of the employee to his former position with back pay. History: 1953 Comp., $ 59-14-24, enacted by Laws 1975, ch. 290, § 15; 1993, ch. 322, $ 21. ## ANNOTATIONS The 1993 amendment, effective April 8, 1993, substituted "secretary" for "director" in four places in Subsection B and made minor stylistic changes in Subsections A and B. Public policy. - This section, prohibiting discrimination against employees for filing safety complaints, constitutes a statement of public policy, the violation of which may be used to establish a claim for retaliatory discharge. Sandoval V. N.M. Tech. Grp., 174 F.Supp.2d 1224 (D.N.M. 2001). Common-law remedy for wrongful discharge. - This section does not provide the exclusive remedy for an employee alleging wrongful discharge in retaliation for reporting safety violations. An employee also has a common-law remedy for wrongful discharge. Gutierrez V. Sundancer Indian Jewelry, Inc., 1993-NMCA-156, 117 N.M. 41, 868 P.2d 1266, cert. denied, 117 N.M. 121, 869 P.2d 820 (1994). Retaliatory discharge action. - An instruction to the jury in an action for retaliatory discharge properly quoted this section as a statement of public policy whose violation may be used to establish a retaliatory discharge. Weidler V. Big J Enters., Inc…

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This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at https://www.dir.ca.gov/od_pub/disclaimer.html Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA) Subchapter 2. Regulations of the Division of Occupational Safety and Health Article 1. Employers' Obligation to Provide Information to Employees Return to index New query ## §340. Contents and Posting Requirements of CAL/OSHA Notice. Every employer shall be required to post immediately upon receipt and to keep posted the CAL/OSHA Notice of Employee Protections and Obligations entitled "Safety and Health Protection on the Job," which is furnished pursuant to Labor Code Section 6328 by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, containing information on pertinent safety laws, regulations and certain rights of employees under the California Labor Code. Each employer must post at least one Notice (CAL/OSHA Notice) in each establishment in a conspicuous place where notices to employees are customarily posted. "Establishment" as used in this regulation means a single physical location where business is conducted or where services or industrial operations are performed. Where employers are engaged in activities which are physically dispersed such as construction or transportation, the notice required by this section shall be posted at each location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such notice or notices shall be posted at the location or locations from which the employees operate to carry out their activities. Each employer shall take steps to insure that such notices are not altered, defaced or covered by other material. …