OSHA 10-Hour Construction ReviewIntroduction to OSHAHard
An employee on a commercial construction project is instructed by their foreman to perform a task that the employee believes is a clear violation of an OSHA safety standard, creating an imminent danger of serious injury. The employee expresses their concern to the foreman, who dismisses it. What legal protection does this employee have if they refuse to perform the task and are subsequently disciplined by their employer?
- AProtection under the National Labor Relations Act (NLRA) for concerted activity.
- BProtection under Section 11(c) of the OSH Act, known as whistleblower protection.
- CProtection under the Americans with Disabilities Act (ADA) for refusing unsafe work.
- DProtection under state workers' compensation laws for reporting hazards.
Show answer & explanationAnswer & explanation
Correct answer: B. Protection under Section 11(c) of the OSH Act, known as whistleblower protection.
Section 11(c) of the OSH Act specifically protects employees from discrimination or retaliation for exercising their safety and health rights, including reporting hazards or, under very specific circumstances of imminent danger, refusing to perform unsafe work.
Why the other options are wrong
- A. While NLRA protects collective action, Section 11(c) of the OSH Act is the specific protection for individual safety complaints and refusals under OSHA's jurisdiction.
- C. The ADA addresses disability discrimination and reasonable accommodations, not the right to refuse unsafe work due to general safety concerns.
- D. Workers' compensation provides benefits for work-related injuries, but it does not primarily offer protection against employer retaliation for refusing unsafe work.
Whistleblower Protection (OSH Act)
Section 11(c) of the OSH Act protects employees from retaliation for reporting safety hazards, participating in OSHA inspections, or exercising other safety rights.
- Protects against firing, demotion, harassment.
- Complaint must be filed within 30 days of retaliation.
- Covers refusal to work in imminent danger situations under strict conditions.
Memory trick: Section 11(c) is the shield, protecting those who dare to speak and reveal.