The Overlooked Basics
The Overlooked Basics
A summary of what every dental practice owner should know and implement in the day to day operations of their practice.
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Staying Clear of Whistleblower Protection Problems in Your Practice

Staying Clear of Whistleblower Protection Problems in Your Practice

9/18/2015 11:44:28 AM   |   Comments: 0   |   Views: 110

OSHA is becoming very active in the day to day operations of a dental practice, especially in the enforcement of employees' rights. An area that is surfacing in dental practices is OSHA's enforcement of the whistleblower statute. It may not be well-known, but OSHA oversees whistleblower protection investigations not only for its own jurisdiction, but for 12 other regulatory areas.

If an employee in a dental practice reports a violation of federal law (OSHA, labor, etc.), the employee report and the violation of federal law (e.g., an OSHA complaint) is protected from retaliation by the dental practice owner. An innocent personnel action taken by a dental practice owner may be seen as a whistleblower retaliation by OSHA.

The following actions by a dental practice owner may be considered retaliatory action, an be a violation of federal law:

  • Firing or laying off an employee
  • Assigning employee to undesirable shifts
  • Blacklisting the employee
  • Demoting the employee
  • Denying overtime or the promotion to the employee
  • Disciplining the employee
  • Denial of benefits to the employee
  • Intimidation by the practice owner
  • Reassigning work to the employee
  • Reducing pay or hours of the employee

It is strongly recommended that before any personnel matters are handled by a practice owner or office manager, it is always prudent to seek professional guidance in order to avoid violation of state or federal law.


Start J. Oberman, Esq. handles  wide range of legal issues for the dental profession, including: employment law, cyber security breaches, practice sales, real estate transactions, lease agreements, OSHA compliance, dental board complaints, professional corporations.

For questions o comments regarding this article, please call97700 554-1400 or visit
www.obermanlaw.com

If you would like Stuart J. Oberman, Esq. to speak at an event, please contact Arielle Horner, Marketing Coordinator (
Arielle@obermanlaw.com).

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