Fully understand what 11(c) covers, how to respond to complaints, and how to properly respond to OSHA 11(c) investigations.
This topic will discuss how to properly and legally handle discipline and/or termination of an employee so not to be covered under 11(c). The material will examine what is "potential activity" and "adverse employment action". It will discuss both the employee's and employer's burden of proof. The information will discuss how to properly handle an OSHA 11(c) investigation. Finally, it will examine the potential remedies for 11(c) violations and settlement options.
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OSHA Retaliation Laws
- What Does 11(c) Retaliation Complaint Cover?
- What Other Whistle-blower Retaliation Statutes Does OSHA Investigate?
OSHA Investigation of Complaints
- Intake and Timeliness of Complaint
- Preliminary Investigation
- Field Investigation
- Conclusion of Investigation
- What Conduct Is Considered Protective Activity?
- What Is Adverse Employment Action?
- What Is the Employee's Burden of Proof?
- What Is the Employer's Burden of Proof?
- Timeliness of Filing Complaint
OSHA's Decision Process
- Early Resolution
- OSHA Determination of Merits
- Secretary Findings
- Appeal Process
Remedies and Settlement Procedures
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This course was last revised on February 6, 2020.
Call 1-866-352-9540 for further credit information.
- ASA 1.5
- This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 91 Minutes.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- SHRM 1.5
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Edwin G. Foulke, Jr.
Fisher & Phillips LLP
- Partner in the Atlanta office of Fisher & Phillips LLP and also serves as President of Fisher Phillips Safety Solutions LLC
- Prior to joining Fisher & Phillips, he was the Assistant Secretary of Labor for Occupational Safety and Health; named by President George W. Bush to head OSHA, he served in that capacity from April 2006 to November 2008
- During his tenure at OSHA, workplace injury, illness, and fatality rates dropped to their lowest levels in recorded history
- For more than 30 years, he has worked in the labor and employment area, focusing on occupational safety and health issues
- He also served on the Occupational Safety and Health Review Commission in Washington, DC, chairing the Commission from March 1990 to February 1994
- Has been named one of the “50 Most Influential EHS Leaders” by EHS Today magazine for several years and named one of the “50 Most Influential EHS Leaders” in the United States by Occupational Hazards magazine
- He is recognized as one of the nation’s leading authorities on occupational safety and health issues
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