OSHA Guidelines for Safety Programs A number of organizations make use of safety programs in order to reduce work related accidents. The programs however need to be in compliance with the OSHA (Occupational Safety and Health Act). The OSHA guidelines for safety programs are highlighted below. Illegal Discrimination Section 11 C of the OSHA suggests that it is unacceptable for an employer to discriminate against his/her employee on the basis of an injury or an illness. The Act emphasizes that no activities of the employer should be responsible for discouraging the concerned employees from highlighting and bringing to notice their injuries or other ailments. The same concern shall lead to a deliberate violation of the OSHA and hence will be charged to be unlawful. The basis behind this rule is that a number of safety programs used by employers tend work on the discouragement principle which violates an employee’s right to report an injury or illness caused by his work. The concerned activities shall also take into account any retaliation against such employees. These policies will help protect workers who are too scared of reporting their work related injuries and are unable to receive proper medical attention or other benefits related to worker compensation as per the company’s policies. Ensuring that an open culture is maintained is therefore mandatory for employee health and safety. Conditions where Unlawful Discrimination as per OSHA shall be charged Lack of Justification of Adverse Action by the Employer In cases where employers tend to take disciplinary action against their employees who report injuries, the same shall be considered as a violation of the OSHA. This shall not be held a valid discriminatory reason unless the employer has investigated and ensured the circumstances involved in the injury. Disciplinary Action by Employer Based on Deviation from Recommended Procedures In cases where the reporting employee is disciplined on the basis that the required method and time for reporting the injury was not followed, the same shall not be considered as a reasonable argument and unless the employer is able to prove that the action does not affect an employee’s ability to report, the same shall be considered as a illegal discrimination. Such cases are investigated by the OSHA on the basis of the deviation extent. The deviation from the recommended procedure may be minor, extensive, deliberate or inadvertent depending on the circumstances involved. Disciplinary Action by Employer Based On Safety Rule Violation The third case is one in which an employer takes disciplinary action against an employee who reports injury on the basis that a safety rule of the organization was violated. In this case the OSHA shall conduct a careful investigation that shall consider a number of elements. It will be necessary to ascertain whether the employer ensures monitoring for compliance with the organization’s safety rules in the absence of an injury as well. The investigation will also take into regard the nature of the safety rule itself.
Ensuring that safety programs used by organizations do not promote illegal discrimination is an ongoing challenge. The OSHA Voluntary Protection Program has been designed to cater to the same effectively. Reference http://www.researchomatic.com/osha-43594.html