The Employee Discrimination Section (EDS) provides protection through investigations of complaints by workers who have been allegedly discriminated against for exercising rights under the Michigan Occupational Safety and Health Act, Act 154 of Public Acts of 1974, as amended, commonly referred to as MIOSHA.

Some examples of discrimination are firing, demotion, transfer, layoff, losing the opportunity for overtime or promotion, assignment to an undesirable shift, denial of benefits such as sick leave or vacation time, damaging credit at banks or credit unions and reducing pay or hours.

Workers have the right to complain to MIOSHA and seek an EDS investigation. Section 65 of the Michigan Occupational Safety and Health Act authorizes MIOSHA to investigate employee complaints of employer discrimination against those who are involved in safety and health activities. An employee or the authorized representative of an employee who participates in an investigation shall not suffer a loss of wages or fringe benefits, or be discriminated against in any manner, for time spent participating in the inspection, investigation, or related conference. The most important thing to remember is the complaint must be filed within thirty (30) days of the event or occurrences and it must stem from a safety and health issue. 
 

Complaints may involve retaliation against employees or their representative because the employee refused to perform a job duty they believe to be life threatening or of an imminent danger. Refusing to do a job because of potentially unsafe workplace conditions is not ordinarily an employee right under the MIOSH Act. Refusing to work may result in disciplinary action by the employer. However, if the employee refuses in good faith to expose him/herself to a dangerous condition and does not have a reasonable alternative, they would be protected against subsequent discrimination under MIOSHA.

Other complaints stem from employees who have been discriminated against because they testified in a MIOSHA proceeding, filed a complaint with a state or federal agency, complained to outside sources such as radio, television, or newspaper reporters, or made verbal complaints to other employees, management, or employee group representatives about unsafe or unhealthy working conditions.

After EDS investigates a complaint a determination is issued. This determination is subject to appeal by the employer, the employee or both. Either party, the employer or employee may request a review of the department's determination. The employee, employer and the department become parties to a proceeding before a hearings officer with the Bureau of Hearings as a result of a request for review. The hearings officer shall issue a decision which becomes the final agency order upon receipt by the parties. These decisions are also subject to appeal by the employer or the employee to the circuit court where the employee is a resident, where the employment occurred or where the employer has a principal place of business.

If an employee believes their employer has treated them differently because they exercised their safety and health rights, they should contact the Employee Discrimination Section right away.