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

2/22/2016 7:00:00 AM   |   Comments: 1   |   Views: 135
OBERMAN LAW FIRM

February 22, 2016
     
STAYING CLEAR OF
WHISTLEBLOWER PROTECTION PROBLEMS
IN YOUR PRACTICE
 
OSHA is becoming very active in the day to day operations of a practice, especially in the enforcement of employees' rights. An area that is surfacing in the dental profession 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 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 practice owner. An innocent personnel action taken by a practice owner may be seen as a whistleblower retaliation by OSHA.
 
The following actions by a practice owner may be considered retaliatory action, and be a violation of Federal law:
? Firing or laying off an employee

?
 Assigning employee to undesirable shifts

Blacklisting the employee

?
 Demoting the employee

?
 Denying the overtime or 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.
 
 
Dental Law

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


Oberman Law


 
For questions or comments regarding this article 
please call (770) 554-1400 or visit   

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