Colorado Worker Cannot Bypass OSHA’s Whistleblower Jurisdiction and Sue Employer for for Common Law Violation of Public Policy
Posted on Mar 27, 2014 in Litigation, OSHA | Comments Off on Colorado Worker Cannot Bypass OSHA’s Whistleblower Jurisdiction and Sue Employer for for Common Law Violation of Public Policy
The Tenth Circuit upheld summary judgment in favor of an oilfield services company on a former senior engineer’s Colorado common law claims that he had been terminated for repeatedly reporting safety concerns related to confined space entries. The common law claims were not available given OSHA’s exclusive jurisdiction over retaliatory discharges against employees for reporting safety violations. Those complaints have to be filed with OSHA within 30 days of the alleged retaliatory action, and in this case, failing to meet that statute of limitations did not allow the worker to circumvent the statutory scheme by later filing a common-law claim for violation of public policy.
