Page 81 - An Indispensible Resource for Being a Credible Activist

Date:
Re.: Concerns about (Company)’s Compliance with OSHA Prohibitions against
Retaliation
I am compelled to express concern about how we at (Company) handle issues related to
Occupational and Safety and Health Administration’s (OSHA) prohibition against retalia-
tion against an employee for raising concerns about workplace safety issues.

I am concerned about how the recent situation with (employee’s name) is being handled.
Unless I am unaware of additional information or documentation related to this matter,
I recommend that we revisit this situation and seek technical OSHA assistance to ensure
that we at (Company) have not made any errors in violation of OSHA regulations.
If we learn that any errors were made, I recommend that we remediate those as soon as
possible. Moving forward, I recommend that we consider implementing a decision-mak-
ing protocol that will include technical assistance consultation from no-cost government
or SHRM resources to prevent errors in the future. Additionally, I recommend that all per-
sons involved in workplace safety, performance evaluation, discipline, and related deci-
sions attend formal training on OSHA compliance issues. I will follow this memo up with
a list of quality upcoming available trainings in our area or via webinar.
We share a collective responsibility to ensure (Company)’s compliance with OSHA regu-
lations. I know we share a commitment to prevent liability exposure for (Company) as
well as personal liability exposure.
The resources below are free and available to us to use at any time. My membership in
SHRM provides free information, white papers, case-law information, and research capa-
bilities along with toolkits for how to best handle workplace safety and retaliation-pre-
vention issues. I recommend that we use these resources in the future to ensure legally
compliant decision-making processes related to OSHA and retaliation-prevention issues.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REG-
ISTER&p_id=19814
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_
id=1830
http://www.shrm.org

http://www.jan.wvu.edu/
http://www.workplacefairness.org/resources
I know we share a strong commitment to the consistent application of all (Company)’s
policies as well as compliance with all relevant city, state, and federal laws related to
workplace safety and prohibitions against unlawful retaliation under OSHA.
Additionally, I know we share an awareness of the importance of precedent in our deci-
sion-making processes and our handling of workplace safety issues in a legally compliant
manner.

64 The H R Toolkit