NM Occupational Health & Safety Bureau
Discrimination Against Employees
Who Exercise Their Safety and Health Rights
Workers have the right to complain to OSHA and seek an OSHA inspection. Section 50-9-25 of the New Mexico Occupational Health and Safety Act authorizes OSHA to investigate employee complaints of employer discrimination against those who are involved in safety and health activities. Federal OSHA is responsible for enforcing whistle blower protection under ten other Federal laws. State and local government workers also have the right to file a complaint of employer discrimination in New Mexico.
Some examples of discrimination are firing, demotion, transfer, layoff, losing opportunity for overtime or promotion, exclusion from normal overtime work, assignment to an undesirable shift, denial of benefits such as sick leave or vacation time, blacklisting with other employers, taking away company housing, damaging credit at banks or credit unions and reducing pay or hours.
Refusing to do a job because of potentially unsafe workplace conditions is not ordinarily an employee right under the NM OHS Act. (Your union contract or other state law may, however, give you this right, but OSHA cannot enforce it) Refusing to work may result in disciplinary action by your employer. However, employees have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger. "Good Faith" means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe it did exist.
If you believe your employer has treated you differently because you exercised your safety and health rights, contact New Mexico OSHA. Discrimination complaints that fall under the NM OHS Act must be filed with the State OSHA Program within 30 days of the discrimination action.
You can telephone, fax, or mail your complaint. The Discrimination Complaint Form is available for downloading. OSHA conducts an in-depth interview with each complainant to determine the need for an investigation. If evidence supports the worker's claim of discrimination, OSHA will ask the employer to restore the worker's job, earnings and benefits. If the employer objects, OSHA may take the employer to court to seek relief. Employee's have other rights under State law regarding job termination, which are not enforced by State OSHA. Private counsel would be able to advise an employee on other remedies.
Federal Laws with Whistle blower Protection Administered by Federal OSHA
- The Surface Transportation Assistance Act
- The Asbestos Hazard Emergency Response Act
- The International Safety Container Act
- The Clean Air Act
- The Safe Drinking Water Act
- The Federal Water Pollution Control Act
- The Toxic Substances Control Act
- The Solid Waste Disposal Act
- The Comprehensive Environmental Response, Compensation and Liability Act
If you believe you have been discriminated against for actions under or related to one of these Federal Laws, you must contact the Federal OSHA Office. To contact the Dallas Region VI OSHA Office, call (214) 767-4736.