LABOR DEPT. SUES AT&T OVER ALLEGED RETALIATIONS AGAINST WORKERS REPORTING INJURIES

FROM: LABOR DEPARTMENT

Suspension of 13 AT&T workers prompts lawsuit by US Labor Department

CLEVELAND — Workers suspended without pay for reporting workplace injuries has prompted a lawsuit by the U.S. Department of Labor.
The department filed the lawsuit against The Ohio Bell Telephone Company, which operates as AT&T, on behalf of 13 employees who received unpaid suspensions after reporting work place injuries from 2011 to 2013.
“It is against the law for employers to discipline or suspend employees for reporting injuries,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “AT&T must understand that by discouraging workers from reporting injuries, it increases the likelihood of more workers being injured in the future. And the Labor Department will do everything in its power to prevent this type of retaliation.”

The complaint alleges that in 13 separate incidents, employees of AT&T were disciplined and given one- to three-day unpaid suspensions for reporting injuries that occurred on the job. The company alleged that each employee violated a corporate workplace safety standard; however, the Occupational Safety and Health Administration’s investigation found that the suspensions were a result of workers reporting their injuries.

Five of the employees in the suit are based in Columbus; two in Brooklyn Heights; two in Canton; and one each in Akron, Cleveland, Gallipolis and Uhrichsville.
The suit, filed in the U.S. District Court for the Northern District of Ohio, Eastern Division, alleges the company violated the whistleblower provisions of the Occupational Safety and Health Act of 1970. The department’s Regional Office of the Solicitor in Cleveland is litigating the case.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.
Employers are prohibited from retaliating against employees who raise concerns or provide information to their employer or the government under any of these laws.

OSHA PROPOSES NEW RULE TO TRACK WORKPLACE INJURIES AND ILLNESSES

FROM:  U.S. LABOR DEPARTMENT 
OSHA announces proposed new rule to improve tracking of workplace injuries and illnesses

WASHINGTON — The Occupational Safety and Health Administration today issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. The announcement follows the Bureau of Labor Statistics' release of its annual Occupational Injuries and Illnesses report, which estimates that three million workers were injured on the job in 2012.

"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "With the changes being proposed in this rule, employers, employees, the government and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities. The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."

The public will have 90 days, through Feb. 6, 2014, to submit written comments on the proposed rule. On Jan. 9, 2014, OSHA will hold a public meeting on the proposed rule in Washington, D.C. A Federal Register notice announcing the public meeting will be published shortly.

The proposed rule was developed following a series of stakeholder meetings in 2010 to help OSHA gather information about electronic submission of establishment-specific injury and illness data. OSHA is proposing to amend its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904. The first proposed new requirement is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA.

OSHA is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year. Currently, many such firms report this information to OSHA under OSHA's Data Initiative.

OSHA plans to eventually post the data online, as encouraged by President Obama's Open Government Initiative. Timely, establishment-specific injury and illness data will help OSHA target its compliance assistance and enforcement resources more effectively by identifying workplaces where workers are at greater risk, and enable employers to compare their injury rates with others in the same industry. Additional information on the proposed rule can be found at http://www.dol.gov/find/20131107/ and http://www.osha.gov/recordkeeping/proposed_data_form.html.