Osha Law Violations: Understanding The Consequences And Risks

Breaking OSHA laws can result in various consequences for employers, depending on the specific violation. For example, if an employer is found to have violated break laws, they may face damages payable to the employee(s) as well as penalties to the relevant department or state agency. In Illinois, employers with fewer than 25 employees may face damages of up to $250 per violation and a penalty of up to $250 per employee, while larger employers may face damages of up to $500 per violation and a penalty of up to $500 per employee. Additionally, retaliation against employees for reporting OSHA violations is illegal, and employers who do so may face further consequences such as termination, lay-offs, reduced hours, or salary cuts.

Employees can report violations to OSHA

• Denying overtime or promotion
• Failing to hire or rehire
• Reassignment that affects promotion prospects
• Reducing pay or hours

Employees can report violations in several ways:

• Submit online via OSHA's electronic complaint form.
• Download a PDF complaint form and fax or mail it to your local OSHA Regional or Area Office.
• Call the violation into your local OSHA office or 1-800-321-OSHA.

It is important to note that complaints signed and submitted to local OSHA offices are more likely to result in OSHA inspections. Therefore, sending complaints to OSHA's national headquarters may not be the fastest or most efficient method. Complaints submitted online are routed to the appropriate local office.

Before filing an OSHA complaint, employees should try to resolve their health and safety concerns directly with their supervisor or manager, as this is the most effective and quickest way to correct workplace hazards. However, OSHA accepts complaints about hazards at all times. Discrimination complaints against those who filed a complaint must be filed within 30 days of the alleged violation.

OSHA also allows someone to file a complaint on behalf of an employee. The following are authorized employee representatives, as defined by OSHA:

• Members of the clergy
• Spouses or next of kin
• Government officials
• Nonprofit organizations

OSHA has set standards for most major safety concerns, and employers and employees must comply with the rules and regulations detailed in the OSH Act. The four major categories the Act covers are general industry, construction, maritime, and agriculture. All industries share three basic requirements:

• Access to medical exposure records: Employees, their representatives, and OSHA have the right to relevant medical records.
• Personal protective equipment: Each industry category requires different equipment, but all workers are entitled to protective equipment that minimizes harm from workplace hazards. Employers must pay for the equipment, and employees should be properly trained on how to use it.
• Hazard communication: When employees handle potentially hazardous materials, employers must evaluate the associated health risks. Materials associated with health and safety risks must be labeled, and customers that receive them must also receive a Material Safety Data Sheet (MSDS). Employers must train employees about the dangers presented by materials on the MSDS sheet.

Employers can't stop you from taking bathroom breaks

The Occupational Safety and Health Administration (OSHA) has regulations in place to ensure employees have reasonable access to restrooms. While OSHA is known for its focus on workplace safety, it doesn't mandate meal breaks. However, it does require employers to give workers the opportunity to go to the bathroom and to have safe, sanitary facilities for them to use.

OSHA's sanitation standard also requires workplaces to "allow employees prompt access to the bathroom facilities," which implies a requirement for bathroom breaks. Employers can require you to get coverage at your station first, use a bathroom key, or require a sign-in sheet, as long as access is still "reasonable and prompt."

There are no federal OSHA break laws related to the minimum length and frequency of bathroom breaks. In letters of interpretation, OSHA has said there are too many factors that influence these needs from individual to individual and that employers should be "flexible."

There are some state-level OSHA break laws, such as in Washington State or California, with more specific requirements tied to hydration and heat illness prevention in outdoor work.

While there is no federal law that specifies the number or length of bathroom breaks an employer must provide, restricting bathroom use unreasonably can lead to lawsuits and even all-out labor disputes. Generally, unreasonable restrictions on bathroom usage will be viewed as a violation of an employee's rights because it subjects employees to detrimental effects on their health, including urinary tract and bladder infections, kidney stones, and other ailments. Furthermore, depending on a company's policy, restrictions on the length of bathroom usage may also have a discriminatory impact on women or aging individuals, who sometimes need a little extra time in the restroom.

What is considered reasonable will vary from job to job and likely depend on state law as well. If an employee's bathroom usage interferes with their ability to do their job, or with the production line, or client services, then the law may not protect that employee.

Alternatively, if an employee needs to use the restroom, an employer should not have a policy that denies that employee the ability to do so. Even where an employee has an essential job, such as on a production line, an employer may be required to provide prompt and temporary relief of duties for the employee.

Generally, under the Fair Labor Standards Act, short breaks between 5 to 20 minutes are considered mutually beneficial for the employer and employee and, as such, should be paid. However, if the breaks extend beyond 20 minutes, an employer can refuse to pay for that time.

Employers can't retaliate against you for reporting violations

Retaliation from employers is a common concern for employees who are considering reporting violations. However, it is important to know that employers cannot retaliate against their employees for reporting violations. Retaliation is defined as an action taken by an employer to punish an employee for reporting violations, providing information to the Department of Labor, or participating in proceedings.

Federal law protects employees from retaliation when they report violations or participate in investigations. This protection applies even if the claim made by the employee is unfounded, as long as it was made in good faith. Additionally, state laws may offer further protection against retaliation for other reasons, such as filing a worker's compensation claim.

Retaliation can take many forms, some more subtle than others. Common examples include dismissal, reassignment to less desirable work or shifts, demotion, increased supervision, withdrawal of privileges, demanding increased production, and threats of legal action or deportation. It is important to note that this list is not exhaustive, and other actions may also be considered retaliatory depending on the specific circumstances.

If you suspect that your employer is retaliating against you, the first step is to discuss your concerns with your supervisor or a human resources representative. They may have a legitimate explanation for their actions. If you are not satisfied with their response, you can voice your concern that you believe you are being retaliated against and ask that the negative action stops immediately. If the issue is not resolved, you may need to escalate your concerns to the Equal Employment Opportunity Commission (EEOC) or your state's fair employment agency.

It is essential to document any allegedly retaliatory behavior and keep track of historical information to support your claim. This evidence will be crucial if you need to build a case of retaliation and seek legal recourse. Consulting with an employment lawyer is also an option if you believe you have been subjected to retaliation, especially if you have faced significant consequences such as job loss or wage reduction.

Employees can file a whistleblower complaint if their employer retaliates

Employees are protected by whistleblower laws that prohibit employers from retaliating against them for exercising their rights. Retaliation can take many forms, including firing or laying off an employee, demoting them, denying them overtime or promotion, reducing their pay or hours, or even more subtle actions such as excluding them from important meetings.

If an employee believes their employer has retaliated against them for exercising their rights, they can file a whistleblower complaint with OSHA. This can be done online, by phone, in person, or by fax, mail, or email. The time frame for filing a complaint begins when the adverse action occurs and is communicated to the employee, and employees have 30 days to file.

When filing a complaint, it is helpful to provide any documentation or evidence that supports the claim, such as emails, phone records, text messages, activity logs, work orders, letters, or memoranda. Employees should also provide a list of potential witnesses and a brief summary of what they believe each witness can confirm.

If OSHA conducts an investigation and finds evidence to support the employee's claim, they will take action, which may include requiring the employer to restore the employee's job, earnings, and benefits.

Employees must be allowed prompt access to bathroom facilities

The Occupational Safety and Health Administration (OSHA) has regulations in place to ensure employees have reasonable access to restrooms. These regulations are in place to ensure that employees do not suffer adverse health effects when toilets are unavailable.

OSHA's sanitation standard mandates that "employers allow employees prompt access to bathroom facilities," and that "restrictions on access must be reasonable, and may not cause extended delays." This means that employers must allow workers to leave their work area to use the restroom as needed and avoid putting unreasonable restrictions on bathroom use.

To ensure prompt access, employers should carefully consider the needs of employees with certain medical conditions, such as prostate and bladder control issues, and pregnancy. They should also ensure that restrooms are easily accessible to employees with physical disabilities. For occupations where a bathroom break may disrupt the workflow, such as assembly line work, employers are advised to implement a relief system, where a worker can signal for a temporary replacement.

In terms of the number of toilets required, OSHA has specific guidelines based on the number of employees at the worksite. For example, companies with 15 or fewer employees are required to have one unisex bathroom and toilet with a locking door, while companies with 16-35 employees should have two toilets.

The sanitation standard also outlines requirements for restroom design and maintenance, including separate compartments with doors for each toilet, hand-washing facilities with running water, soap, and hand towels or dryers, and visual privacy for bathrooms with multiple toilets.

If an employer violates OSHA's restroom regulations, employees are advised to first address their concerns with their employer before submitting an anonymous Safety and Health Complaint. It is illegal for an employer to retaliate against an employee for reporting an OSHA complaint, and employees have 30 days to file a whistleblower complaint if any adverse action is taken.

Frequently asked questions