OSHA/Whistleblowers/Private Causes of Action/Affordable Care Act

Employee, Employer

In Kentucky and in Federal OSHA matters, employers are prohibited from retaliating against alleged “whistleblowers”. There is no private cause of action for such alleged whistleblowers, meaning they cannot sue their employers in court, either State or Federal. OSHA and its Kentucky Department of Labor counterpart

investigate and prosecute such actions administratively upon receiving a credible complaint from the alleged whistleblower. Now, at least with the U.S.Department of Labor, alleged whistleblowers can file such complaints on line. See www.osha.gov/whistleblower/WBCOmplaint.html

Under the Affordable Care Act, employers are also prohibited from retaliating against employees who make a good faith complaint that the employer has not complied with its obligations under the act or who goes onto the government run exchange to obtain their insurance.

Reminder: For employers with more than 10 employees the OSHA form 300A must be filed and posted in a common area for injuries and illnesses occurring in 2013 between 2/1/14 and 4/30/14.