Michigan Worker Law Update: Supreme Court Rules Public Policy Claims Available to OSHA Reporters
Can an employee be fired in retaliation for reporting WORKPLACE SAFETY concerns to osha or miosha?
When it comes to workplace safety and employee rights, employees often worry about potential repercussions for speaking up about unsafe working conditions or other violations. Today, the Michigan Supreme Court issued an important decision clarifying what rights workers have in these situations.
The Michigan Supreme Court ruled in Stegall v Resource Technology Corporation that an employee who is retaliated against for reporting workplace safety concerns to OSHA (the Occupational Safety and Health Administration) can bring a lawsuit for violations of Michigan’s public policy, notwithstanding OSHA’s anti-retaliation provisions.
Michigan’s public policy protects employees who are fired for failing or refusing to violate a law, or exercising a right granted by a legislative enactment. The Supreme Court’s decision in Stegall makes clear that an employee who exercises their rights by making a workplace safety complaint to OSHA is protected by Michigan’s public policy. If you have been fired in retaliation for making an OSHA complaint, don’t hesitate to seek advice from experienced employment lawyers.
Understanding OSHA/MIOSHA Reporting
The Occupational Safety and Health Administration (OSHA) is a federal agency that oversees workplace safety and health regulations. MI OSHA refers to the Michigan Occupational Safety and Health Administration. It is the state-level agency responsible for ensuring safe and healthy working conditions for workers in Michigan. MI OSHA operates under the Michigan Department of Labor and Economic Opportunity (LEO). These protections are crucial for maintaining a safe work environment and encouraging transparency in addressing workplace hazards. If you feel your workplace is unsafe, you can make a complaint to OSHA or MI OSHA. The law prohibits your employer from retaliating against you for making a workplace safety complaint.
Steps to Take if You Face Retaliation
If you believe you have been terminated or retaliated against for reporting concerns to OSHA in Michigan, it's important to take the following steps:
Document Everything: Keep detailed records of the unsafe conditions you reported, your communications with your employer, and any retaliatory actions taken against you.
Consult with an Employment Attorney: Seek legal advice from an experienced employment attorney who specializes in whistleblower protections and employment law. They can assess your situation, advise you on your rights, and help you take appropriate legal action if necessary.
File a Complaint: You may file a complaint with OSHA if you believe you have faced retaliation for reporting safety concerns. OSHA investigates such complaints and can take action against employers found to have violated whistleblower protections.
Protections exist at both the federal and state levels to shield employees from retaliation for reporting workplace safety concerns to OSHA. Understanding these protections and knowing your rights is crucial to maintaining a safe workplace environment and ensuring accountability. If you find yourself in a situation where you believe you've faced retaliation for reporting to OSHA, don't hesitate to seek legal guidance.
Attorneys Jack Schulz and Amanda Ghannam are committed to advocating for employee rights and ensuring workplace safety. If you have any questions or concerns regarding whistleblower protections or employment law in Michigan, please do not hesitate to reach out to us. Your safety and rights matter, and we are here to help you navigate these complex legal issues.
Contact Schulz Ghannam PLLC today to schedule a consultation and learn more about how we can assist you in protecting your rights. Together, we can work towards a safer and fairer workplace for all.