Workers are sometimes reluctant to report a work injury fearing they will face retaliation in the workplace. To address the problem, a final rule was published by the Occupational Safety and Health Administration last year to protect employees and encourage them to step forward when they are injured or become ill on-the-job.
For starters, the rule requires that employers have an established procedure for their employees to report a work-related injury or illness. Secondly, employers are forbidden from retaliating against employees reporting a problem, thereby protecting them from wrongful termination or harassment.
Another aspect of the rule has to deal with mandatory post-accident drug testing. OSHA asserts that requiring workers to take an automatic drug test following an injury accident may discourage workers from reporting an incident. Post-incident testing should only be used in situations where drugs are likely to have contributed to an incident. If there is no objectively reasonable basis for testing, it is a violation of the rule.
If you have an been wrongfully terminated or have been a victim of harassment at work, contact the Davenport, Iowa employment law offices of McDonald, Woodward & Carlson PC. Our Quad-Cities employment law attorneys can help you with issues regarding unlawful retaliation, employment discrimination or other employment concerns you may have. Email or call us today at 563-355-6478.