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tjm2004
11-06-2004, 02:16 PM
Our company has been recently fined by OSHA for not reporting all of their on the job injuries. Well on a Sat. morning at around 5am, I fell from a platform. I didn't think it was that big of a deal-went home to bed-upon awakening-it was hurting me. When I went to work that evening-my boss asked me what was wrong-I told him I broke my finger-hurt my knee earlier that morning-he asked if I went to the doctor and I said yes(fearing if I told him no, I'd be in trouble). He ended up writing up an incident form-and sending me up to the hospital for a drug screen which I passed-so next day Sun., I went to get checked out. The doctor told me I just had a contusion and a stoved finger-to take the night off and rest my knee with ice and Motrin. Called into work around 5:00pm. At 6:15-boss called me said to meet the managers at the hospital at 8pm and be dressed for work. I went-they wanted to know who I'd seen on Sat., I told them I didn't know-I hadn't filed workers comp until earlier on Sunday. This was Sunday evening. They made me be seen again with them in the room-asked this different doctor if I could report to normal duties-he asked me what I thought-what was I going to say in front of the plant manager who earlier told me-there hadn't been a loss time accident this year and I wasn't going to be the first-so I said I guess I can. So I went to work Sun. night. Monday, plant manager calls me demanding to know who I'd seen on Saturday and that I may not be able to report to work on Wed. until it was cleared up-I told him I did not know. After getting off phone-spoke to wife about situation-called him back-went into work, told him I did not see a doctor on Sat. Apologized for lying.He told me I had him in a pickle-he had to make some calls on Tuesday. Tues. he calls said to stay home on Wed., he had a conf. call at 11 am on Wed. Wed. he calls at 1:36pm says to come in between 3-5pm to discuss the incident even further. I went in and they told me I was terminated for not reporting the incident on the same shift and falsifying my statement. I have never been wrote up for anything-why could they not have written me up? I just got an excellent review on my job performance. I believe I was wrongfully terminated because of this and also in the prior months-was one of those that had to talk with OSHA about an incident with me 2 years ago-that never got recorded so I feel like I was already a target for them. There are people out there that come to work drunk and only got wrote up and are still there. There is one person who reported their shoulder hurting them from where they were doing a different kind of job a month later and they are still there. Please advise-should I get a lawyer or do I stand a chance?

LConnell
11-07-2004, 08:38 AM
On the surface, the termination was just. Falsifying a statement is a valid reason for termination. However, if you were singled out for your knowledge about OSHA violations, you may be covered by OSHA's regulation. The following link provides information about OSHA's whistleblowing statutes: http://www.osha.gov/dep/oia/whistleblower/index.html You don't need to hire an attorney at this point unless you really want to. OSHA will provide you assistance without charge.

Let me know if you have any other questions.

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