Safety Whistleblower

[Albert_1960]

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

Hello,

My passion for what I do placed me in the hot seat with my employer. I identified workplace safety violations which need to be corrected, but my employer prefers to take shortcuts which have resuted in numerous injuries. I was stripped of many decision making privilages because I called for measures which placed workers safety ahead of production. I made a big difference and received great performance reviews until the recently when I refused to go along with shortcuts. Work got stressful and the plant manager became hostile, so I looked for different jobs, and received a couple of job offers.

My question is, should I resign because of unethical practices by my employer? I like my job and care about my coworkers, but I do not want to be part of any consequencs, like if someone was crushed by a machine. I know about whistleblower protection programs, but at the same time, my employer can deliver a blow to my career sooner or later if I stay there.

My wife is not thrilled about my peaceful approach because we have to seel the house, and she will have to find another job, and find new schools for the kids. Is there anything punitive I can do to this company?

Thank you.

 

[justalayman]

Is there anything punitive I can do to this company?

call these folks:


http://www.dllr.state.md.us/labor/mosh/

 

[OHRoadwarrior]

The only other major liability I have faced in life, aside from being disabled, has been my integrity. What is it worth to look at yourself in the mirror every morning.

 

[commentator]

I to some extent, disagree that you MUST stay and speak up or forever deny yourself the right to call yourself a man/woman. I've just seen this one played out too many times. And one of these days, you'll be filing for unemployment benefits, mad as a wet hen, frustrated to the max, and will find that you have no great case, and no employment lawyer will take a case on for you, and you're out of a job, and may get unemployment while you're looking for something else, but that's not even a sure thing.

What is your job title now? Are you an operator, a some level manager or a safety engineer? Is the safety process of this company your sole responsibility? You've reported these unsafe conditions to OSHA, right? You haven't just threatened management that they need to change and otherwise done nothing, have you?

There is really nothing else you can do about the unsafe working conditions except keep throwing yourself on the wheel and continue to stay there and repeatedly report these people and fight it out, and yes, eventually, probably sooner than later, they'll claim they have another reason and get rid of you. And you won't have any whistleblower's protection ( you need to look very carefully at the definition of this) and you won't be able to sue them in your "at will" state when they do fire you.

So I would suggest that when a new job becomes available, you get up and move. Your wife doesn't want you to do this, she wants you to keep the job you have, right? That's not the "peaceful" way, since as you tell us, you cannot be quiet about what's going on. That's what she'd probably prefer, that you keep the job and keep quiet about the problems you see there.

We used to always joke about how many times we heard the phrase from a recently fired individual " .....I felt compelled to......" Unfortunately, it is an employer's world. They have just about all the power in the work place. You've gotten into a battle that you will not win.
It would be wise to move on. You're not going to change the environment of the company you are with by fighting them. I'm thankful that we do have some federal regulations still in place that require a safe workplace, but you're not going to find yourself made a hero for demanding that your company become one.

 

[OHRoadwarrior]

As you see, there is no easy answer or solution to your problem. As noted, sometimes your duty to your family is greater than your duty to others. If you intentionally put yourself into a bad situation, you would bear more moral culpability than if you ended up in one. If there are safety issues you can report to an outside authority and you feel they would cause correction, rather than your employer shutting down, that is a potential compromise. Good Luck my friend.

 

[Albert_1960]

So many thanks. I made up my mind.

Thank you for the great advice. I have accepted a job offer with a different company, and decided to resolve the issues in a very constructive manner.

First of all, I wanted to clarify that I am a safety supervisor. I have been with this company for 4 years. Today I have accepted a job offer with a different company, a competitor, but they appear to be working on a different level. I have drafted a letter which I intend to give to the facility manager tomorrow, with copy to the corporate office. The letter outlines the workplace hazards, and how they can maime or kill someone. Frankly, the more I read, the more concerned I became of becoming a party to a negligent homocide case. My boss is terrified of anything in writing, so I am sure he will act on it.

In my resignation letter, I will state the reasons behind my decision. My wife insists that I should tell my boss (at least verablly): you WILL give me good reference. I never had to go through somethign like this. I hope I will not regret it.

I to some extent, disagree that you MUST stay and speak up or forever deny yourself the right to call yourself a man/woman. I've just seen this one played out too many times. And one of these days, you'll be filing for unemployment benefits, mad as a wet hen, frustrated to the max, and will find that you have no great case, and no employment lawyer will take a case on for you, and you're out of a job, and may get unemployment while you're looking for something else, but that's not even a sure thing.

What is your job title now? Are you an operator, a some level manager or a safety engineer? Is the safety process of this company your sole responsibility? You've reported these unsafe conditions to OSHA, right? You haven't just threatened management that they need to change and otherwise done nothing, have you?

There is really nothing else you can do about the unsafe working conditions except keep throwing yourself on the wheel and continue to stay there and repeatedly report these people and fight it out, and yes, eventually, probably sooner than later, they'll claim they have another reason and get rid of you. And you won't have any whistleblower's protection ( you need to look very carefully at the definition of this) and you won't be able to sue them in your "at will" state when they do fire you.

So I would suggest that when a new job becomes available, you get up and move. Your wife doesn't want you to do this, she wants you to keep the job you have, right? That's not the "peaceful" way, since as you tell us, you cannot be quiet about what's going on. That's what she'd probably prefer, that you keep the job and keep quiet about the problems you see there.

We used to always joke about how many times we heard the phrase from a recently fired individual " .....I felt compelled to......" Unfortunately, it is an employer's world. They have just about all the power in the work place. You've gotten into a battle that you will not win.
It would be wise to move on. You're not going to change the environment of the company you are with by fighting them. I'm thankful that we do have some federal regulations still in place that require a safe workplace, but you're not going to find yourself made a hero for demanding that your company become one.

 

[ecmst12]

I don't know why you think trying to berate your boss into giving you a reference is a good idea. You already have another job, why would you even WANT to use this one as a reference?

 

[commentator]

I advise you not to give your present employer anything until the day you leave. I also suggest that you do not DEMAND they do anything, in terms of their guaranteeing you a good reference. In spite of what your wife is saying. It is never a politically wise thing to do to totally burn your bridges. This sounds like blackmail, almost. You had "professional differences" with your employer. But there's certainly no sense in threatening them or demanding anything of them which may make them angry. Rest assured that if an accident occurs soon after you leave, it will be attributed to your negligence anyway, even if you've written them fifty letters. They can lose letters very quickly.

I repeat my question. You HAVE reported these unsafe conditions to OSHA, have you not, instead of merely threatening your employer? If you believe the conditions are so dangerous that a terrible accident is practically inevitable, the way to make sure blood is not on your hands is to go above your employers, even their corporate office, and report the company to the federal officials monitoring them. If you are a safety officer and you have not previously notified your supervisors AND your corporate office about the unsafe conditions you describe before now, you haven't really been doing much of a job. Now you have nothing to lose, you're moving on, for goodness sake, report these people to the feds!!!!

 

[cbg]

My wife insists that I should tell my boss (at least verablly): you WILL give me good reference.

Bad, bad, bad, bad, BAD advice. You do NOT give your boss ultimatums, even if you are leaving, even if you are right and he is wrong. A prospective employer does NOT need your permission to come back and ask him for a reference and he is not legally bound by any kind of demand you may make. Burn bridges much?

 

[OHRoadwarrior]

Also remember industry ties go deep. You could find yourself booted out of your new job. Be careful how you react.