Can I Be Fired for Reporting a Workplace Safety Violation in Florida?
Workplace accidents remain far too common. The Bureau of Labor Statistics (BLS) reports that approximately 2.6 million people were injured or made ill on the job in 2023 alone. A significant number of job-related injuries happen because of workplace safety violations. As a worker, you should be able to feel confident that you can report workplace safety issues without facing any punishment from your employer. It is unlawful for an employer to retaliate against a worker—including firing them—because they violated a workplace safety standard.
Workers in Florida Can Report Safety Violations to OSHA Without Facing Retaliation
The Occupational Safety and Health Administration (OSHA) explains that “it is illegal for an employer to fire, demote, transfer or otherwise retaliate against a worker who complains to OSHA and uses their legal rights.” If a worker reports unsafe conditions or exercises their safety rights, the employer cannot punish them for doing so. If retaliation does occur, an affected worker has the right to file a whistleblower complaint with OSHA within 30 days of the retaliatory action.
The protection against retaliation for reporting a workplace safety violation comes from the Occupational Safety and Health Act of 1970 (OSH Act). Notably, it applies to virtually all private sector employers in the United States. Indeed, even small businesses in Florida with a single employee are still covered by the OSH Act. That you work for a small employer in Florida does not mean that you are outside of the protection of the law.
An Internal Report of a Workplace Safety Violation is Still a Protected Activity
If you are a worker in Florida and you only reported a workplace safety issue internally—whether it was to your direct manager, the human resources (HR) department, or to company leadership more generally—you still have legal protection against retaliation. Even if you did not file a formal complaint with OSHA, that does not mean that you are outside of the protection of the law.
Section 11(c) prohibits employers from retaliating against workers who exercise their safety and health rights. Notably, both OSHA itself and federal courts have interpreted this language in a relatively broad manner. It includes internal complaints made by workers, such as the reporting of a suspected safety issue to a supervisor or manager.
The Bottom Line: You cannot lawfully be fired—or otherwise punished by your employer—because you reported a suspected workplace safety violation. You are protected against retaliation. To bring a successful relation claim, you must prove that you were terminated or otherwise faced adverse action from your employer as a consequence of your report of safety issues.
Get Help From a Workplace Retaliation Lawyer in Florida
Workers in Florida should be able to report suspected safety violations without the fear that they will face retribution from their employer. If you have any questions or concerns about a retaliation claim, please do not hesitate to contact a Florida employment lawyer for help.
