When workers exercise their rights under the OHS laws, such as by refusing unsafe work or cooperating with an OHS investigator, you can’t punish them for doing so. Disciplining, firing or otherwise penalizing a worker for engaging in protected conduct is an illegal reprisal or retaliation. That’s why you should have an anti-reprisal program that encourages workers to exercise their safety rights and report any concerns without fear of retaliation, but also investigates any claims of reprisal.
HOW TO USE THE TOOL
Use this checklist, which is based on an OHSA guide to recommended practices for anti-retaliation programs, to assess your program for preventing reprisals and ensure that it covers the key areas and is effective. Be sure to address any holes or issues you identify using the checklist.