Can a worker legally be discriminated against for filing an OSHA complaint or testifying at a hearing?
No. Section 11(c) of the Act prohibits discrimination for filing an OSHA complaint. Discrimination is understood broadly. It does, of course, include discharge, but also includes discrimination in compensation, terms, conditions or privileges of employment. When a compliance officer presents a complaint, the identity of the complaining employee is deleted. Also, information given to the compliance officer during the inspection is confidential. But even if an employer knows who is invoking the OSHA complaint, the employee is legally protected from discrimination. The Act provides: “No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded under this Act.” If discrimination does occu
