KENTUCKY & OHIO · EMPLOYEE RIGHTS
Workplace safety and OSHA retaliation lawyer
You should be able to raise a serious safety concern without being punished. Thompson Legal helps Kentucky and Ohio employees understand their rights when unsafe conditions or safety retaliation threaten their jobs.
Punished for speaking up? Act quickly—some filing deadlines are only 30 days.
We represent individuals—not employers or the government.
START WITH YOUR CONCERN
Unsafe work and retaliation need different responses
The Occupational Safety and Health Administration, or OSHA, enforces federal workplace safety rules. Kentucky operates its own approved safety program. The right next step depends on whether you need a hazard corrected, protection from retaliation, or both.
A dangerous condition
Equipment, chemicals, missing training, or another serious hazard puts workers at risk. A safety complaint can request agency review.
Punishment for speaking up
You report a concern or injury, then face firing, lost hours, discipline, or threats. A separate retaliation complaint may be needed.
An injury at work
You may need medical care and workers’ compensation information as well as advice about safety reporting and retaliation.
Your safety concern deserves to be heard.
Tell us what was unsafe, how you reported it, and what changed afterward. You do not need to know the name of the safety rule before asking for help.
WHICH PROTECTIONS APPLY?
Workplace safety rights in Kentucky and Ohio
Employers must follow applicable safety standards and address recognized serious hazards. Training, protective equipment, and hazard information are part of that responsibility where required. Coverage differs by employer and industry.
Federal safety and retaliation protectionsMost Ohio private-sector workplaces
Federal OSHA and Section 11(c)
The Occupational Safety and Health Act protects covered employees who exercise safety rights. Protected activity can include reporting hazards or injuries, making a safety complaint, or helping with an inspection. The agency and the statute are different: OSHA administers the OSH Act.
Federal OSHA covers most private-sector Ohio workers. Some industries and workers fall under other systems or exclusions. A Section 11(c) retaliation complaint generally has a 30-day deadline. See OSHA’s worker-rights guidance and complaint options.
Kentucky OSH protectionsState safety enforcement and retaliation complaints
Kentucky workplace safety complaints
Kentucky’s approved State Plan generally covers most private-sector workplaces and state and local government workers. Federal OSHA retains responsibility for some excluded areas.
Current KRS 338.121 sets a 30-day deadline for a safety-retaliation complaint. Older materials may list 120 days; do not rely on that older period. A hazard complaint and a retaliation complaint serve different purposes.
Use Kentucky’s official complaint resources or review Kentucky State Plan coverage.
Ohio public employeesA separate state safety program
Ohio’s Public Employment Risk Reduction Program
Ohio state and local public employees generally fall outside federal OSHA coverage. The Public Employment Risk Reduction Program, or PERRP, handles covered public-workplace safety concerns. Coverage exceptions apply, including for peace officers.
Retaliation remedies and deadlines differ from federal Section 11(c). Ohio law provides a 60-day deadline for one available State Personnel Board of Review complaint route; union and other procedures may also matter. Do not assume filing a hazard report preserves a retaliation claim.
See Ohio’s PERRP complaint guidance and Ohio Revised Code Chapter 4167.
ANSWERS BEFORE YOUR NEXT STEP
Workplace safety and OSHA retaliation questions
These answers help you distinguish a safety report from a claim about punishment for making that report.
What workplace conditions can I report?
Examples include unguarded machinery, fall hazards, electrical dangers, unsafe chemical exposure, missing protective equipment, and inadequate safety training. The applicable standard depends on the work. Describe the hazard, who is exposed, and where and when it occurs.
Do I have to be injured before asking for help?
No. Safety rules aim to prevent injuries. Covered workers can raise concerns about serious hazards and request an inspection without waiting for someone to get hurt.
Is reporting a hazard the same as filing a retaliation complaint?
No. A safety complaint asks the agency to address dangerous conditions. A retaliation complaint challenges punishment for using a protected right. You may need both, and they have different procedures and deadlines.
Can I be punished for reporting a safety concern internally?
Qualifying safety complaints to management can be protected, along with reporting a work injury, contacting the safety agency, and cooperating with an inspection. A complaint does not excuse unrelated misconduct. Explain what you reported, who knew about it, and what happened afterward.
What does safety retaliation look like?
It can include firing, demotion, reduced hours, threats, or other harmful treatment because you exercised a protected safety right. A suspicious sequence can matter, but timing alone does not automatically establish a violation.
How quickly must I report retaliation?
Federal OSH Act Section 11(c) complaints generally must be filed within 30 days after the retaliatory decision is communicated to you. Current Kentucky law also sets a 30-day deadline for a Kentucky OSH retaliation complaint. Other laws have different deadlines. Contact the correct agency promptly; do not assume an HR review or a request to our firm stops the clock.
Can I refuse work that feels dangerous?
There is no blanket right to walk off the job over any safety concern. Federal protection for refusing a dangerous task is narrow: you must genuinely and reasonably believe there is a risk of death or serious injury, lack a reasonable alternative, and lack time to obtain correction through normal enforcement. Where possible, first ask the employer to correct the danger. Read OSHA’s dangerous-work guidance and get prompt advice about your situation.
Will my employer know I reported the hazard?
You can request that your name be withheld from the employer in a safety inspection complaint. That does not guarantee the employer cannot guess who raised the concern. A retaliation investigation is different and generally requires notifying the employer of the allegations.
What if I work for a city, school, or state agency?
Kentucky OSH generally covers state and local public employees as well as most private-sector workers. Ohio public employees generally use the Public Employment Risk Reduction Program, with coverage exceptions, rather than federal OSHA. Federal employees have a separate framework. Tell us who employs you so we can identify the correct route.
What if I was hurt at work?
Report the injury through the appropriate process and seek needed medical care. Workers’ compensation benefits, hazard enforcement, and retaliation claims address different problems. Reporting an injury can be protected, but an OSHA complaint does not itself apply for workers’ compensation benefits.
What information helps explain retaliation?
Share the safety concern or injury you reported, the date, who received it, the employer’s response, and any later discipline or schedule change. Keep messages, reports, and records you lawfully possess. Do not enter a dangerous area to collect evidence.
Can I sue my employer directly under OSHA?
Federal Section 11(c) uses an agency enforcement process; it does not create an ordinary private lawsuit for employees to file directly. Other statutes or a state wrongful-discharge claim may apply, depending on the facts and limits of those laws. Learn about wrongful termination and retaliation.
A COURT VICTORY FOR WORKER PROTECTIONS
When refusing a dangerous task can be protected
In Whirlpool Corp. v. Marshall, two employees at an Ohio plant refused maintenance work on an overhead screen they believed was dangerously unsafe. They were sent home without pay for the rest of the shift and received reprimands. The Secretary of Labor brought the enforcement case on their behalf.
In 1980, the U.S. Supreme Court upheld the regulation protecting certain good-faith refusals of work posing a serious danger. It affirmed the appellate decision that returned the case for further proceedings. This was a victory for the legal protection—not a ruling that every refusal of unsafe work is protected or paid.
Read the Supreme Court opinion. This public case is educational and is not a Thompson Legal result.
Before you contact us
With your situation in mind, here are answers to a few practical questions about getting started.
Do I need every document before contacting you?
No. A brief description of what happened is enough to start. Keep records you lawfully possess and bring your questions.
Should I wait until my employer finishes an internal review?
Ask about deadlines promptly. Do not assume an internal investigation pauses a safety-retaliation filing deadline. Some complaints must be filed within 30 days. Contact the appropriate agency promptly even if you are also seeking legal advice.
Is the consultation free?
We offer both free and paid consultations, depending on your situation. We explain any consultation fee before you decide to schedule.
How much does it cost to hire you?
Most cases we accept are handled on a contingency fee. That means our attorney’s fee is a percentage of the money recovered through a settlement or court award. Some cases may require hourly fees, depending on the facts and the work involved.
Before you hire us, we explain the fee arrangement and how case expenses are handled. A consultation fee is separate from the fee for handling your case.
LET’S TALK ABOUT YOUR SITUATION
Wronged by your employer? Let’s talk.
Tell us about your workplace safety or retaliation concern and how to reach you. We offer paid and unpaid consultations depending on the matter, and explain any fee before you schedule.
What happens after you contact us?
TWO OFFICES. SAME MISSION.
Here when you need a next step.
