Retaliation under OSHA

Is it an OSHA violation if a manager opposes the return of another manager who committed an act of workplace violence and the managers boss allegedly threatened the opposing manager with termination if he didn't back off.

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  • It's probably not an OSHA violation. But it sounds like the manager's boss could be walking the fine line of an employment law violation by threatening termination for expressing an opinion.
  • OSHA has gotten increasingly involved in workplace violence these days. Be sure you check the OSHA regs that were promulgated about 7 years ago on workplace violence and the employer's obligations to protect it's workers. Also, you are now on notice about this manager's propensity for violence. You should check with an employment attorney in your state about a "negligent retention" claim, which could be very costly! I can recommend one in your state, if you don't have one. Call me at 615-371-8200 if you need a recommendation.

    Margaret Morford
    theHRedge
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