March 12th, 2015

Texas has its first anti-bullying Healthy Workplace Bill !!!!

Texas state House Rep. Garnet F. Coleman on March 11, 2015 introduced the full version of the WBI anti-abuse Healthy Workplace Bill (HWB). HB 3226, the first-ever introduction in Texas.

Texas is the 29th state since 2003 to introduce the HWB. Texas joins Massachusetts and New York with proposed laws that make employers liable for exposing workers to health-harming abusive work environments.

Texas is the 7th state to introduced abusive conduct-related legislation in 2015.

Visit the Texas State Page at the HWB website for details.

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  1. heather hodsden says:

    I thought several dozen states had introduced the bill, but that it hasn’t passed in any? Has this changed recently? ty

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  4. anonymous says:

    Are workers safe to report serious violations if their employer is has a member on the OSHA Whistleblower Protection Advisory Committee?

    Should all OSHA cases closed since 2011 that have been closed on behalf of companies be reopened?

    Can politics and or money play a role in getting a member on the OSHA Whistleblower Protection Advisory Committee for Managment thereby being protected against all whistleblower complaints?

    Google Darrell Whitman & OSHA Google Frontline & OSHA

    Google top 20 corporate scandals Google top 20 political scandals

    Are young lawyers, and Human Resource Departments at risk of retaliation / bullying if they don’t prepare and or sign statements on behalf of their law firm for the client even if the lawyer knows and or believes the statements are false and or misleading? What choice does a young lawyer have if they are directed to sign and or draft statements they believe are false and or misleading?

    If a lawyer signs a statement to the state and or federal government in defense of their client’s actions against an employee who reports serious violations and then comes to know that their client made false and misleading statements that prompted the lawyer’s statements, what must they do?

    Are workers at risk of retaliation / bullying if they report serious violations against their employer if their employer has a member on the OSHA Whistleblower Protection Advisory Committee for management? Where do they turn to if their Human Resource department fails to act? Where do they turn to if their corporate office fails to act even though they have policies that state they will act on complaints (investigate) of wrongdoing? Where do they turn to if they file an appeal and the appeal is denied but answers and documents are denied?

    Research the OSHA Whistleblower Protection Advisory Committee (WPAC) for Management.

    How do companies get on the OSHA Whistleblower Protection Advisory Committee (WPAC) for Management? Which companies on the OSHA WPAC for management between 2012-2015 had the highest SERIOUS violations? Which company on the OSHA WPAC for management between 2012-2015 had the most the most employees with cancer; the most employees go home sick all between 2003-2015; and the most employee die and or get cancer within 3 years of leaving the company? Who is monitoring these?\

    Which company on the OSHA WPAC for management 2012-2015 exposed employees to the most chemicals between 2003-2015? Which company had the most employee file /report complaints to the company’s Hot Line (Ethics Point) between 2003-2015.

    How can manufacturing companies ensure they are protecting all workers when only some get the highest level of Personal Protective Equipment (PPE) while others that handle and breathe the chemicals are not and manufactures state that they don’t know the hazards of their chemical when mixed with others? How are manufacturing companies who use diacetyl, red 40, blue #1, Yellow Lakes etc., making sure employees and consumers are safe especially if other countries have banned some of the same chemicals workers are exposed to and or consumers are putting in their bodies?

    Which company on the OSHA WPAC was already fined for exposing employees to hazardous chemicals and then had another complaint from another plant that local OSHA also discovered?

    Ask OSHA for a copy of “all” documents relating to SERIOUS violations sent and received to and from companies with a member on the OSHA Whistleblower Protection Advisory Committee for Management between 2012-2015 to include but not limited to the pictures taken by the OSHA investigator, statements by the company to OSHA to include notes, emails. Letters etc..

    Ask OSHA and Comcast for a copy of all emails sent and received between the Department of Labor the email Comcast accounts that have a relationship to a any company that had a member on the OSHA WPAC for management: Laura Seeman, Carole Horowitz, Mike Mabee, and Yevgeniya Maryash

    Ask OSHA for the names and titles of all OSHA employees who knew about the complaints against companies on the OSHA WPAC.
    Which Company on the OSHA WPAC for management made one statement to the “state” but a different and opposite statements to OSHA?
    Follow and report on the Darrell Whitman case. List the names and titles of all those involved. Follow all the connections.
    There is a way to help protect the new / young lawyers and workers.

    There is a way to save OSHA millions of dollars and save lives from workplace violations.

    Consider all the scandals and how they happened and why they weren’t stopped right away:

    Well Fargo Scandal
    Braintree Evidence Room scandal
    Emissions scandal
    Airbag scandal
    Tomato scandal
    Cigarette scandal
    Massachusetts state lab scandal
    Bernard Madoff scandal
    Talcum Powder scandal
    Top 20 Corporate Scandals
    Top 20 Political Scandals.


    60 Minutes Anonymous Inc.
    FDA recall delay
    Cheese chocking recall
    Macaroni metal recall
    Parmesan Cheese
    Top 20 most recent class actions law suits against corporations

    OSHA defines violations as:
    WILLFUL: A willful violation is defined as a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.

    SERIOUS: A serious violation exists when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation.

    Ask OSHA for a the names of all companies that were “ever” placed on the OSHA Severe Violator list any time during the first two years of the program’s establishment.
    How can the American Worker get due process? How can we prevent subordinates from being directed and or coerced to make false and misleading statements and or fabricating warnings and fabricating paper trails to protect a company or suffer retaliations / getting black listed?

    Ask OSHA for a copy of all serious violations OSHA FOUND against companies who had a member on the OSHA Whistleblower Protection Advisory Committee for MANAGEMENT between 2012-2013.

    Ask OSHA to implement the following 12 recommendations:

    Recommendations for the
    United States Department of Labor
    Occupational Safety & Health Administration (OSHA).

    1. Require all “Informal Conferences” between OSHA and the company to be recorded and this recorded is given to the person / people (here in defined as “THE ENTITY) who filed the complaint. The Entity who filed the complaint will be notified no least than one week before the “Information Conference” as to the location and who is scheduled to attend for the company and OSHA. The attendees name and title will be provided to The Entity. (This allows for statements to be challenged given all parties due process. This will also allow all individuals to be known for possible questioning later and if any employee dies, gets injured or comes done with an illness that can be associated with what has already been reported to the company and or OSHA, an investigation can look into why the violations still went unresolved).

    2. OSHA will provide the CEO of all whistleblower complaints against their company. The CEO is then required to initial the cover letter and send a copy back to OSHA who will provide a copy to The Entity. (This gives the CEO the opportunity to review the case, correct safety violations, hold those accountable who make false and or misleading statements. It also holds the CEO accountable if they allow false and misleading statements to be submitted to OSHA and avoid putting pressure on subordinates to make false and misleading statements to protect senior officials and or the company).

    3. Any member of the OSHA Whistleblower Protection Advisory Committee (WPAC) who has a Whistleblower Complaint against their company has to either step down or review and initial that they reviewed the complaint. A copy of the Whistleblower Complaint will also be given to “all” members of the OSHA WPAC. (This helps prevent a conflict of interest and allows for the committee members to have a first hand knowledge of cases and how to ensure honesty and due process and be better educated on both sides of a Whistleblower Case.)

    4. The Entity who files an OSHA complaint will be allowed to call into the informal conference between OSHA and the company and use that recording to consult with a lawyer and or elected officials. The Entity will have the right to use the recording in court as evidence in their case.. (This helps improve the integrity of information and allows for the OSHA investigator to have better knowledge as THE ENTITY filing the complaint can challenge statements made by the company where the OSHA investigator may have no experience or knowledge of. (For example, the statements provided by one company representatives clearly left loose ends that should have been challenged and would further support the employee’s case that was closed on behalf of a company who has a member on the WPAC at the time of the case. If the OSHA investigator is getting the run around or being delayed by frivolous questions and or statements, The Entity may have knowledge to help the OSHA investigator move the case close to a resolution, help get the violations removed, and point out false and misleading statement before they get used in any further narrative.)

    5. All Plant Managers will be required to initial off all responses to an OSHA investigation. (This ensures that the Plant Manager knows what their subordinates are doing and can make sure that everything reported does not contain fabrications or misleading statements. This prevents subordinates being used as a scapegoat or being pressured to file any false and or misleading statements.)

    6. All OSHA Investigators “must” sign off a checklist of what they did during the investigation and a copy goes to the person who files the Whistleblower Complaint. The Investigator must maintain proof “each” element was completed before checking it off. (This ensures that all steps are followed and prove of those steps can be obtained. For example, if OSHA contacted the state in one case, they would have clearly discovered that the company reported that they reason they separated an employee who reported over 50 violations was due to the lack of work. Then when the company replied to THE Entity’s Whistleblower Case blaming the employee, OSHA could have quickly closed the case on behalf of The Entity and filed charges against the company. The case could have closed early instead of lasting as long as it takes for The Entity to clear their name from the false and misleading statements that were further used by the OSHA Investigator in their reports / letter.)

    7. All OSHA Investigators will allow The Entity to record all telephone conferences and use those recordings in court to support their case. (This will allow all documents and statements to be crossed referenced and challenged. In one referenced case the OSHA Investigator asked The Entity if they can record their telephone conference after it already started. The Entity agreed. There should be “no” reason the OSHA Investigator sent an email stating they would not answer all The Entities questions and no reason to deny The Entity the right to record the telephone conference after The Entity discovered that their former employer had a member on the OSHA Whistleblower Protection Advisory Committee (WPAC. )

    8. All companies who respond to an OSHA Whistleblower case “must” release “all” emails The Entity received and sent regarding “all” violations and retaliation. Companies who request a member be placed / nominated for the OSHA WPAC for management, must sign a release that they will release all emails regarding safety and retaliation should a Whistleblower Complaint be filed.

    9. All companies that respond to an OSHA Whistleblower complaint must provide the date, time, place, names of witness, location, who said what, outside temperature, names and titles of all supervisors and managers as well as employees on shift, all relative documents / photos, senior company official that knows about the Whistleblower’s case, and “all” specific information for “every” allegations they make against the person who files the complaint and OSHA must provide a full and complete copy to the person filing the complaint.

    10. OSHA Investigators will wear body cameras when going to inspect workplaces where “serious” violations were reported. (This will show the people they contacted and those they did not. It will show any delay in gaining access; and other key details that otherwise may not be obtained).

    11. All OSHA employee “must” provide all evidence and all “specific” answers to all questions regarding allegations they make against the worker/s.

    12. OSHA will create three more positions on the OSHA WPAC for National Media (East Coast, Central, and West Coast).

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