Employee Rights and Employment Policy Journal

EXPLORING PATHS TO RECOVERY FOR OSHA WHISTLEBLOWERS:-SECTION 11(C) OF THE OSHACT AND THE PUBLIC POLICY TORT
BY
Monique C. Lillard

This article analyzes protections offered to employees who have been discharged because they complained about violations of the federal OSHAct. The article focuses on two primary methods of recovery: proceedings under section 11(c) of the OSHAct and the state common law public policy tort. After describing these two means of recovery, the article assesses objections to the public policy tort, including the desire to avoid creating a private right of action under the OSHAct, statutory exclusivity and federal preemption. The article concludes that noe of these concepts need prevent state courts from affording their citizens the protection of the common law tort.