March 3, 2023

Blow the whistle… No, not like the 2006 Too Short song but OSHA’s Whistleblower Protection Program. Whistleblower protection laws are in place to prevent retaliation against employees who report safety violations, discrimination, or other illegal activities in the workplace. Under the Occupational Safety and Health Administration (OSHA) Whistleblower Protection Program, employees who report such violations are protected from retaliation by their employers. This protection includes not only termination but also other forms of retaliation such as demotion, reduction in pay, or denial of overtime or promotions. Why would a practice retaliate for a complaint received instead of mitigating the risk and working toward a culture of compliance?  That is a $15,706 question and unfortunately, Roger and David Bohannan of Roger H. Bohannan DDS Inc. have to answer.

While on furlough in early 2020, a dental hygienist and dental assistant at the practice asked what coronavirus safety measures would be in place once patients and employees returned. When the practice did reopen, those two employees were not reinstated simply because they expressed their concerns and cited guidance from the Centers for Disease Control (CDC) and OSHA. Further investigation found that Bohannan Dentristry discriminated against employees for exercising their rights under section 11(c) of the OSH Act which prohibits retaliation by employers against workers who “blow the whistle” by exposing health and safety hazards. In a statement made by an OSHA Regional Administrator in Dallas, Eric S. Harbin, “Like all workers, these two people had every right to speak up without the fear of losing their jobs. We want workers to know that OSHA is here to protect their rights, and we won’t hesitate to exercise our authority when they are violated.”

OSHA administers more than 20 whistleblower statutes, with varying time limits for filing. The time frame for filing a complaint begins when the adverse action occurs and is communicated to the employee. There are varying reporting deadlines from 30-180 days specific to each statute. 

It is important for employees to know that they have rights under the law to report safety violations and other illegal activities without fear of retaliation. Employers have a responsibility to provide a safe and healthy workplace, and OSHA’s Whistleblower Protection Program helps to ensure that employees can speak up when they see something that is not right.