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Can I sue OSHA?

The Occupational Safety and Health Administration (OSHA) is a national public health agency of the United States Department of Labor that is responsible for enacting and enforcing labor regulations that keep workers safe and healthy while on the job. Almost all businesses in the United States are subject to the rules and regulations under OSHA, excluding those that are self-employed, immediate family members of farm owners on a working farm, and those employees monitored by another Federal agency.

OSHA conducts inspections throughout the year without advanced notice. These inspections are done routinely, as well as investigations following accidents and complaints. If an employee has a complaint about the health and/or safety of their workplace, they can file a report anonymously and OSHA states that they guarantee the identity of the employee can be kept confidential. 

If that identity is released, or an employee feels that OSHA violated their rights in some way, they cannot sue OSHA. OSHA is a division of the Federal government, granting them sovereign immunity. This means they cannot be sued unless they waive their rights and consent to the lawsuit. 

While you cannot sue OSHA, if you feel that you experienced retaliation (including firing or layoffs, demotion, discipline, intimidation, threats, reduction in pay or hours, to name a few) due to the complaint you filed, you can contact the OSHA Whistleblower Protection Program for an investigation by neutral fact-finders who do not work for the complainant or the employer. 

Following a complete investigation, the investigator will make a recommendation as to whether the evidence provides reasonable cause to believe that the Respondent violated the rights of the employee who filed the initial complaint. OSHA will then inform both the employee and employer of what remedy they recommend, which can include the right to object to the decision and have the case heard by an administrative law judge.

If you feel that you suffered retaliation for an OSHA complaint, an experienced personal injury lawyer can review your case and determine what actions you should take. 

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Submitted Comments

Artie
11 months ago
My name is Artie Jackson. I am a truck driver for Emory Healthcare and have been employed by this organization since October 22, 2018. On Thursday September 9, 2021, (through a false Corrective Disciplinary Notice that I was unaware of at that time), I was subjected to malicious acts of libel and defamation by various members of Emory Healthcare staff, in retaliation to a complaint that I filed earlier on August 14, 2021. On August 14, 2021, 12:48 AM, I sent an email to Jonathan S. Lewin, MD CEO and Chairman of the Board, Emory Healthcare, and Anne Adams, JD, MS Chief Compliance Officer, Emory Healthcare. Through that email, I complained of racial discrimination and violations of IRS Inurement/Private Benefit Regulations for 501(c)(3) Non-Profit Organizations, by Walter Rosales Hernandez, (Laundry Manager Hispanic male), Gerald Lee Lewis, (Director, Facilities Management white male), Sindy Charles, (Assistant Director black female) and various unknown members of the Human Resources Office, who knowingly used Emory Healthcare\'s resources and revenue, for the personal, private gain and benefit of, Marlon Evanculla (Hispanic male), and his brother Regenaldo Evanculla (Hispanic male).  The false document, which contains no identifying information as to its author, was sent via email and issued to me by Ms. Sindy Charles (one of those accused in my August 14, 2021, complaint.) Through it, I was falsely accused of having harassed and threatened a Human Resources manager (Mr. Eric Barnes) on August 19, 2021. That statement was false and those who wrote and shared it, knew it was false before they committed these acts. This false statement was made 3 weeks after I met with him, and 2 weeks after I was given a “findings” document by Ms. Cathy Hardin (Vice President of Employee Relations), which contained the following statement: \"At this time ER considers this investigation closed with no further action needed\". I was given this document by Ms. Cathy Hardin August 24, 2021, in the presence of Ms. Shanda DuBose (Human Resources Manager). Mr. Eric Barnes was also present at that time, and was seated within listening range, just outside of the open door of the conference room. This “findings” document which clearly contains the above statement was read aloud by Ms. Cathy Harden and recorded (via audio) by her and myself, in the presence of Ms. Shanda DuBose and Mr. Eric Barnes. In addition, the document had been previously typed, signed, and Cc\'d to Ms. Hardin by Ms. Shanda DuBose, as the author and witness of these findings. Nowhere in this document does she ever mention or refer to Mr. Barnes, his alleged accusations, or any pending investigation of an alleged incident involving him and I, nor did Mr. Barnes at any point prior, during, or at the close of this meeting, make mention of any such allegations. In fact, I was the only one at that point who was known to have made a formal written complaint concerning Mr. Barnes, but it was never followed up or investigated. Ms. Hardin clearly mentioned this during the audio recorded meeting. Knowing full well that she had previously made this “findings\" document, and that it contained the following statement: \"At this time ER considers this investigation closed with no further action needed”., and that it had been presented and given to me as her signed and written testimony of the facts, Ms. DuBose then knowingly allowed her name to be used to create libelous and defamatory statements against me, which she knew that she did not believe to be true. She did this, so that various unknown Emory Healthcare Human Resources employees could create a false Corrective Disciplinary Notice, and use it to take unlawful employment actions against me. That false notice was then knowingly used by Emory Healthcare on October 12, 2021, to deprive me of my FY2022 calendar year merit increase, and to further defame me before the EEOC, through two false position statements, which it (by attorney Toni J. Read) fraudulently submitted on February 7, 2022, and June 10, 2022, via the EEOC Respondent Portal. The document was also given to Jason P. Bush (Regional Supervisory Investigator) who used it to further defame me before the U.S. Department of Labor- OSHSA, Office of Whistleblower Protection Program He did this on May 19, 2022, via a “Secretary Findings” letter that he fraudulently wrote and shared as retaliation on behalf of himself, John T. Waler (OHSA Investigator), and Emory Healthcare. He did this by knowingly making further false statements against me in his “Secretary findings” letter, that are contained nowhere in the August 24, 2021, Findings document, nor the September 9, 2021, Corrective Disciplinary Notice. I believe he did this because of my September 26, 2021, Whistleblower complaint against Emory Healthcare, and my November 2, 2021, letter of request for assistance to Congressman Henry C. “Hank” Johnson, over the unjust handling of my Whistleblower complaint. I requested my right to sue, which was issued on January 23, 2023. In the meantime, I am seeking an attorney to address these deplorable acts of defamation in this matter, which were committed to assassinate my character and thereby silence my voice. I have been employed with Emory Healthcare for 4 years and 6 months and had never received any disciplinary actions or write ups prior to this disgusting incident, nor had I ever been accused of the type oof foul hostile conduct written in this sickening, wicked and hate filled document. My employer is a 501(c)(3) tax exempt organization which receives federal funding and is forbidden from allowing personal and private inurement of individuals employed within the corporation. I was subjected to these despicable acts of libel and defamation because I spoke out about acts of private inurement and discrimination. Emory Healthcare Inc. is currently conducting itself like a nonprofit racket, using its tax-exempt status and federal funding to foster a culture of corruption and non-compliance with state and federal regulations. Through acts of discrimination, private inurement, and nepotism, it seeks to create a work environment that is hostile towards those who seek to correct wrongdoing. I am seeking legal assistance to help me expose these unlawful acts and bring these people to justice.
Khyra
9 months ago
I was discriminated against based on gender and race. I was told that I am lucky he’s even paying me because 1am an African American woman. There were numerous safety hazards on the premises that I tried to get them to fix. Nothing was done. I escalated the concerns to supervisors and the corporate office. Nothing was done. I contacted OSHA and TDLR. Then, I was terminated today 6-20-2023.
donna
1 month ago
An OSHA complaint was filed, naming the managing director for violations and mocking. During the OSHA inspection, the managing director, identified as the violator, was allowed to lead the investigation, thereby violating company policy. Furthermore, OSHA itself violated its own regulations by permitting this individual to manipulate the investigation and conceal records. The failed inspection raises concerns about bias and compromises the integrity of the investigation, resulting in whistleblower retaliation claims. Weeks after the denied inspection and the failed OSHA inspection, I suffered a severe adult-onset asthma attack caused by prolonged mold exposure, severe enough to affect vision due to oxygen deprivation. My pulmonologist is concerned about permanent damage to my lungs due to the company allowing prolonged exposure. The VP of HR agreed to allow me to see my physician and be covered under Workers\' Compensation. However, they subsequently denied Workers\' Compensation, in violation of company policy. The entire company refuses to communicate with me, cutting off my credit card, email, and server access, and terminating me on false grounds (they are caught in a certifiable lie) just two weeks before I am scheduled to return to work, replace me with a man that is younger. All of these actions indicate a continued pattern of retaliation and constructive discharge that could have been prevented if OSHA had fulfilled its responsibilities. I have formally requested OSHA to proceed with a federal trial for an impartial examination and emphasize the critical need to uphold workplace safety, whistleblower protections, and employee rights. Can I sue this bureaucratized and dysfunctional OSHA for making all of my nightmares come true?

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