Mold Whistleblower Provisions

If you work in a building sick with mold and poor indoor air quality, you may be fearful to complain the higher-ups about the situations. Squeaky wheels have the tendency to get demoted or fired. So why should you be the whistleblower if it puts your job security on the line?

This happened to an employee of a Corpus Christi-based oil drilling company, Orion Drilling Co. After he complained to management about mold in the crew members’ living quarters, he was immediately fired.

The actions this man took set an example for what employees of any company can take if subjected to discrimination for whistleblowing. He filed a complaint with the Occupational Safety and Health Administration which provides protection for whistleblowers who complain about unhealthy practices in the workplace.

OSHA inspected the site and discovered the complaint had merit. OSHA referred the case to the Labor Department’s Office of the Solicitor for enforcement. The case was settled by the employer who paid the former employee $10,000 in lost wages and must post a notice in the workplace informing employees of their rights under the OSH Act.

The OSH Act of 1970 promotes healthful working conditions by enforcing standards and providing lawful protection to employees who report unhealthy workplaces. Section 11© of the Act prohibits any person from “discharging or in any manner retaliating against any employee because the employee has exercised rights under the Act.”

But be careful. If you file a complaint under discrimination, you have to show you engaged in the protected activity, the employer knew about the activity, the employer subjected you to adverse employment action, and the protected activity contributed to the adverse action. Discrimination can include firing, blacklisting, demoting, disciplining, failure to rehire, intimidation, or reducing hours of pay.

This story gives support to other employees who are too afraid to speak out about mold in the workplace. If you feel threatened to report unhealthful working conditions, take the time to read over the OSH Act and learn your rights.

Tagged as: air quality, EPA, Indoor Air Quality, job security, labor department, mold, occupational safety and health, occupational safety and health administration, osh act, OSHA, unhealthy practices, whistleblowers