On July 3, 2024, the Occupational Safety and Health Administration (OSHA) obtained an injunction against the United States Postal Service (USPS), protecting USPS employees from retaliation for reporting workplace injuries. OSHA determined, through its investigation, that USPS unlawfully fired three probationary employees in three separate situations after each reported workplace injuries, finding that USPS’ actions violated the non-retaliation provisions of the Occupational Safety and Health (OSH) Act. The injunction against USPS, among other things, requires USPS to have a human resources or labor relations officer review all proposed terminations of probationary employees who reported a workplace injury and requires USPS to provide its workers with a specific notice and training related to employees’ right to report work-related injuries free from retaliation.
This development is a good reminder to employers about the risks of taking adverse employment actions against employees who have reported workplace injuries and/or lodged complaints about workplace safety. While employees engaged in such activities are not immunized from disciplinary and other adverse employment actions, they do retain rights under the OSH Act not to be retaliated against because they have engaged in such activities.
To better protect your company against retaliation claims, consider these action items:
- Make sure your employees understand your workplace rules, through the publication of clear, understandable policies, including a clear policy prohibiting retaliation for reporting workplace injuries and unsafe working conditions, and training on such policies.
- Enforce your workplace rules consistently and hold employees accountable for violations of your rules. To aid in consistent enforcement, consider having multiple layers of management review disciplinary, especially termination, decisions.
- Implement “open door” and other similar practices that encourage employees to surface concerns about retaliatory treatment.
Bricker Graydon’s Labor and Employment team stands ready to assist your company in creating and maintaining a retaliation-free workplace.
