Workers in physically demanding industries face real dangers every day. When employers cut corners on safety, employees who speak up about violations deserve legal protections, not punishment. Unfortunately, some companies retaliate against workers who report unsafe conditions and illegal practices. If your employer fired, demoted, or disciplined you for raising concerns about OSHA violations, or other workplace safety violations, contact Keating Law Firm for a free consultation with an OSHA whistleblower retaliation lawyer in New Jersey.
CEPA Protects Workers Who Report Safety Violations
The New Jersey Conscientious Employee Protection Act (CEPA) is one of the strongest whistleblower statutes in the country. Under CEPA, N.J.S.A. 34:19-1 et seq., an employer cannot retaliate against an employee who objects to, refuses to participate in, or reports conduct that the employee reasonably believes violates a law, rule, regulation, or public policy. The act of speaking up in those circumstances is sometimes referred to as “protected whistleblowing activity”.
OSHA safety standards are exactly the type of regulations CEPA was designed to protect employees for reporting. When a construction worker reports missing fall protection, a factory employee raises concerns about unguarded or dangerously altered machinery, or a truck driver objects to being forced to exceed hours-of-service limits, CEPA shields that worker from employer retaliation.
Common OSHA Violations That Trigger Whistleblower Claims
Blue-collar workers, laborers, union members, public servants, and factory employees regularly encounter hazardous conditions that employers ignore or refuse to correct. Attorney Chris Keating represents employees who blew the whistle on unsafe working conditions and faced retaliation as a result.
You may be entitled to whistleblower protections under CEPA if you spoke up about:
- Inadequate fall protection on construction sites
- Lack of proper machine guarding in manufacturing facilities
- Failure to provide respiratory protection or personal protective equipment
- Insufficient training on hazardous materials handling
- Violations of lockout and tagout procedures
- Excessive driving hours violating Federal Motor Carrier Safety Administration regulations
- Exposure to toxic substances without proper warning or ventilation
- Failure to remediate mold or climate control issues in the workplace
- Defective equipment that management refuses to repair or replace
What Retaliation Looks Like
Employers retaliate in many ways other than outright termination. Attorney Chris Keating pursues CEPA claims involving all forms of adverse employment actions, including wrongful termination, demotion, reduction in hours, reassignment to undesirable shifts or duties, denial of promotions or raises, harassment or hostility from supervisors, negative performance reviews issued in response to safety complaints, and blacklisting within the industry.
Damages Available Under CEPA
CEPA provides strong remedies for employees who suffer whistleblower retaliation. Attorney Chris Keating pursues past and future lost wages, lost benefits, compensatory damages for emotional distress, punitive damages, and attorney’s fees and costs. In some cases, if appropriate, an employee may also seek reinstatement to the position they once held.
Contact an OSHA Whistleblower Retaliation Lawyer in New Jersey
Your employer should never punish you for protecting yourself and your coworkers from dangerous working conditions. Call Keating Law Firm at (856) 519-5011 to schedule a free consultation if you believe you suffered from whistleblower retaliation.
Attorney Chris Keating accepts whistleblower clients from every county in New Jersey, and fights for workers who have been wronged for simply seeking a safe working environment.