Time Limits for Filing Retaliation Claims for OSHA Violations

Time Limits for Filing Retaliation Claims for OSHA Violations
Jun 15, 2018
There are many different industries and companies in California. These industries produce different products or provide various services and each is governed by various laws and regulations. Generally these laws and regulations are designed to ensure the safety of the employees who work for the companies and also to ensure the safety of the general public. Many of the regulations designed to protect the general public are in place to ensure that harmful chemicals and toxic material is not be put into the environments that people live in.

Companies who violate these laws and regulations could face severe penalties so they may go through efforts to conceal the violations. This includes taking adverse actions against employees who report the violations or participate in investigations. However, OSHA, the agency that regulates these laws, relies on these employees to find out about the violations. So, there are also laws that prohibit employers from retaliating against their employees who either cooperate with OSHA.

If an employer does retaliate against employees, they may be forced to compensate the employee for the retaliation. However, in order to receive this compensation the employee must file a whistleblower retaliation claim against the employer. If the complaint is filed with OSHA it must be done within certain time limits.

The amount of time an employee has depends on the violation that they reported. The employee has 30 days to file a complaint if they reported general safety violations, emissions violations, allowing pollutants into water, violations relating to the disposal of hazardous and toxic materials and other environmental violations. However, for most other violations, with some exceptions, the employee has 180 days from the date of retaliation to file a claim.

There are many laws and regulations that companies in California must follow. However, not all do for a variety of reasons, but generally it is because following the law can be expensive. Employees of the companies that do violate are encouraged to report violations and are protected against retaliation for doing so. Experienced attorneys understand employees’ rights in these situations and may be helpful.

Recent Posts



Schedule a
Free Case Evaluation

Fields Marked With An * Are Required

more than 25 years of experience

Trusted Counsel When You
Need It Most