11.1 Health and Safety

Your client may tell you about unsafe or unhealthy work conditions or have suffered retaliation after filing an external complaint. The Occupational Safety and Health Act of 1970 requires covered employers to maintain a reasonably safe work environment.1  The Act has traditionally been used to address work-related hazards, but may also be used to address problems with worker or domestic violence on the job. Most private employers are covered, but not government employers. The law also imposes certain record-keeping and notice requirements and prohibits retaliation against an employee who complains to the enforcing agency, the Occupational Safety and Health Administration (OSHA).

The Act does not provide a private right of action, but proof of violations may be relevant to another cause of action. OSHA may fine the employer or force changes in conditions. Employers may face criminal penalties for record-keeping violations or interfering with a compliance officer. Retaliation complaints must be filed within 30 days.

If your client is or was a seasonal or migrant farm worker, the Migrant and Seasonal Agricultural Worker Protection Act addresses many aspects of the employment relationship.2  In addition to requiring contractor registration, written disclosure of terms and conditions of employment, record-keeping, and wage and supply arrangements, the law mandates health and safety standards in housing and transportation. Retaliation is prohibited. The statute is enforced by the Wage and Hour Division of the U.S. Department of Labor, which is authorized to inspect worksites and records, conduct interviews, and pursue civil or criminal actions against violators. Private actions are allowed.

Louisiana does not have an OSHA-approved job safety and health program. However, it does have laws setting forth health and safety provisions for certain occupations.3  It also prohibits retaliation against an employee for testifying about or providing information for the enforcement of labor or environmental laws.4  This statute protects employees who report violations not just by their employer, but also by a third party. This and other similar “whistleblower” statutes require that reports of violations have provided sufficient information to allow the agency to investigate the alleged violation.5

• 129 U.S.C. § 651, et seq.
• 229 U.S.C. § 1801, et seq.
• 3See, e.g., La. R.S. 30:2027, 2351.55; La. R.S. 23:481, et seq.
• 4La. R.S. 23:964, 967; La. R.S. 30:2027.
• 5See, e.g., Garrie v. James L. Gray, Inc., 912 F.2d 808 (5th Cir. 1990).