Section 11(c) of the OSH Act prohibits an employer from discriminating against an employee due to an employee reporting an injury or illness. 29 CFR 1904.36. This memorandum is intended to provide guidance to both field compliance officers and whistleblower investigative staff on several employer practices that can discourage employee reports of injuries and violate section 11(c), or other whistleblower statutes.
If employees do not feel free to report injuries or illnesses, the employer's entire workforce is put at risk. This can mean that employers do not learn of and correct dangerous conditions that have resulted in injuries, and injured employees may not receive the proper medical attention or the workers' compensation benefits to which they are entitled. Ensuring that employees can report injuries or illnesses without fear of retaliation is therefore crucial to protecting worker safety and health.
Incentive programs, such as point systems, awards, and prizes, are common workplace programs, but these should be designed in a manner that does not discourage injury and illness reporting; otherwise, hazards may remain undetected. Incentive programs that discourage employees from reporting their injuries are problematic for a few reasons:
There are many ways to include highly effective incentive programs that will help all parties and not diminish the likelihood of reporting injury or illness. For more information on acceptable incentive plans, contact your AssuredPartners team today.
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