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['Whistleblower Protection Program']
['Whistleblower Retaliation']
01/09/2024
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InstituteWhistleblower RetaliationWhistleblower Protection ProgramSafety & HealthGeneral Industry SafetyWhat Would you Do QuestionsEnglishAnalysisFocus AreaUSA
Quick tip for employee retaliation
Scenario: We recently had an employee make a formal complaint to OSHA about the on-going condition of a broken down forklift. Specifically, the brakes in this one lift are less than perfect but we have taken it out of service until it can be repaired. Their complaint led to an OSHA inspection in which we received multiple citations for non-forklift related issues.
Question: Can we discipline that employee for making a false claim?
Click below to see the answer.
Quick tip for employee retaliation: Answer
Answer: In short, no, the employer cannot retaliate. Employees are protected from employer retaliation if they make a reasonable claim to an unsafe condition. It is possible that the employee was unaware that the condition was contained or they saw someone driving the lift after the problem had been identified.
However, if they were to make a verifiable false claim, they could be subject to the following: “Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both.”
This is not assessed by the employer and is to be handled by OSHA.
whistleblower-protection-program
Whistleblower Protection Program
Scenario: We recently had an employee make a formal complaint to OSHA about the on-going condition of a broken down forklift. Specifically, the brakes in this one lift are less than perfect but we have taken it out of service until it can be repaired. Their complaint led to an OSHA inspection in which we received multiple citations for non-forklift related issues.
Question: Can we discipline that employee for making a false claim?
Click below to see the answer.
Quick tip for employee retaliation: Answer
Answer: In short, no, the employer cannot retaliate. Employees are protected from employer retaliation if they make a reasonable claim to an unsafe condition. It is possible that the employee was unaware that the condition was contained or they saw someone driving the lift after the problem had been identified.
However, if they were to make a verifiable false claim, they could be subject to the following: “Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both.”
This is not assessed by the employer and is to be handled by OSHA.
Answer
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.