Insubordination versus OSHA 1910.333

[DS128]

What is the name of your state (only U.S. law)? SC

My husband was "let go" due to supposed insubordination. But the truth to the matter is my husband, a master electrician with over 20 years experience, would not make a live termination on a commercial panel with over 480 volts unless the power was turned off (as per OSHA 1910.333).

His employer did not want to have the power turned off (maybe because of a fee involved) and nor would he have supplied any type of personal protection equipment to perform this job safely "live."

This employer is not licensed as an electrician (his partner who resides in another state holds the license for the company). This employer does not have a clue to the danger of electricity and my husband fears someone is going to be seriously injured or killed with their unsafe work ethics.

My husband was just denied unemployment benefits because of this so-called insubordination. We are in the process of appealing this decision as per his unemployment case representative, who feels we should win the appeal. We shall see.

Anyway, after MUCH research we have come to realize just because SC is an "at will" state we could still have reported this to OSHA. BUT because it is not within the 30 day period of discipilinary action, do we still have a chance? Can we sue this employer for wrongful termination? He was let go in March of 2009.

 

[xylene]

Why did your husband fail to report the violation?

 

[DS128]

At the time he was let go (March of 2009) his employer did not go into any specific details of the reasons why, he only stated to my husband that his services were not needed any more. So, at that point I did search online for "wrongful termination" and such, but everything came up stating SC is an "at-will" state and employees could be let go for no reason at all. So we assumed we did not have any options.

However, now that my husband can claim unemployment benefits against his "work credits" for this employer, he applied, and his former employer told the unemployment office he was fired for "insubordination" and went on to explain the exact situation that took place. In his OWN words he stated that my husband would not make the necessary terminatiions to complete a job that was expected of him.

So, now we finally have the PROOF that that was why he was let go.

Unfortunately it is now past the 30 day mark.

 

[cbg]

Why are you concerned about the 30 day mark? To the best of my knowledge, unless there is some obscure OSHA-specific regulation that includes it, there is no more significance, in this situation to 30 days than there is to 6 days or 42 days or 125 days. Are you looking at something that sets 30 days as a SOL? If so, what?

 

[DS128]

After going to OSHA.gov to file a complaint, it states as below on their website:

Filing a Complaint

If you believe your employer has discriminated against you because you exercised your safety and health rights or other protected activity, contact your local OSHA Office right away. Most discrimination complaints fall under the OSH Act, which gives you only 30 days to report discrimination. Some of the other laws have complaint-filing deadlines that differ from OSHA's, so be sure to check.

In addition, depending on the statute, you may need to file your complaint in writing. You can telephone, fax, or mail your OSHA 11(c) complaint. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed, but may be filed with any OSHA officer or employee. For more information, call your closest OSHA Regional Office:

 

[cbg]

Then all he can do is contact OSHA and see if they will take the complaint now.

 

[JennK2009]

Call OSHA - you could save someone's life. Appeal the unemployment - let them know the circumstances. I've appealed twice for denied benefits and won both times. Good luck.

 

[commentator]

commentator

Yes, appeal the unemployment denial, and detail the reasons for his refusal to perform the action. You might also mention during the hearing that you have called OSHA regarding this situation. There is no down side to attempting to report this, even now.

You must file the request to appeal timely, and he needs to be sure he continues to certify for his unemployment each week while he is waiting to appeal so that he will be back-paid if the claim is approved on appeal.