Meat&Poultry - April 2013 - 74

Labor
BY RICHARD ALANIZ
meatpoultry@sosland.com

Answering the whistle
T

he US Dept. of Labor’s Occu-

Employers not only need to comply

cerns, they should know the appropri-

pational Health and Safety Ad-

with all the relevant OSHA standards,

ate person to contact.

ministration (OSHA) is beefing up its

but they are required to comply with

Sometimes, a suggestion box, ho-

whistleblower program, which means

the General Duty Clause, which re-

tline or anonymous email system

employers should brace themselves for

quires employers to make sure that

managed by someone other than pro-

more claims and investigations. Any

their workplaces do not have any “se-

duction managers may be the best ap-

employer could fi nd itself the target

rious recognized hazards.”

proach. HR and legal advisors should

of an OSHA investigation.

Employers can’t discriminate

be involved in this process as well.

Employers need to understand

against workers for exercising their

Managers and supervisors should

what these changes mean and how

rights, which include filing an OSHA

receive training about how to manage

they can respond appropriately to

complaint, taking part in an inspec-

employee-safety complaints and esca-

avoid potential investigations and

tion or talking to an inspector, seeking

late employee concerns up the chain

create defensible policies in case an

access to records about exposure and

of command when necessary.

investigation arises.

injury and raising a health or safety

Various states have agencies that

complaint at the workplace.

work in agreement with OSHA and

Put it in writing – Thorough documentation can help employers minimize liability when workers file a whis-

may impose additional requirements

What to do now

on employers in their jurisdiction. For

In order to minimize the chance of

Companies should be sure to care-

example, Washington’s plan is admin-

coming into OSHA investigators’

fully abide by all OSHA reporting re-

cross-hairs, employers should take

quirements. And if an injured worker

several steps.

is ever disciplined for violating safety

tleblower complaint with OSHA.

Review and update – As part of re-

regulations, managers and supervi-

viewing and updating both voluntary

sors should specifically record why

and state-mandated safety programs,

the discipline occurred, to ward off

employers should also reconsider their

potential retaliation claims.

safety program incentives since some

In states such as California, work-

practices may now leave employers

ers’ compensation retaliation claims

vulnerable to whistleblower claims.

are fi led routinely.

They should also look at best practices

Employers need to understand the

among their peers and customize their

implications of OSHA’s new emphasis

programs to match specific needs.

on whistleblower investigations and

Employers need to consider how

inspections.

they can promote a culture where
employees feel comfortable raising

Minimize complaints

istered by the Department of Labor

concerns. Employers should consid-

By taking appropriate steps, compa-

and Industries, Division of Occupa-

er incentive programs that encourage

nies can minimize the number of po-

tional Safety and Health. California

workers to raise concerns and report

tential whistleblower complaints that

has a similar agency in place. State

problems to the appropriate people.

employees fi le, and lessen the impact

agencies are aggressive in both states.

tives, employers should also review

& Health Act of 1970, and the state

of weakness exist and address them.

vide a “safe and healthful workplace.”

Educate – When workers have con-

and liability they face if OSHA tar-

training procedures to see if any areas

counterparts, employers must pro-

Along with safety program incen-

Under the Occupational Safety

• Meat&Poultry • April 2013 • www.MeatPoultry.com

gets them. ■
Richard Alaniz is senior partner at Alaniz and
Schraeder, a national labor and employment
firm based in Houston.

http://www.MeatPoultry.com

Meat&Poultry - April 2013

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