§396-8  Employee responsibility and rights. (a)  Employee compliance.  Each employee shall comply with occupational safetyand health standards and all rules, regulations and orders issued under thischapter which are applicable to the employee's own actions and conduct.

(b)  Complaints to the department.  Complaintsmay be made to the department and where reasonable grounds exist for thedepartment to believe there may be a hazard, there shall be an inspection inresponse to the complaint.

(c)  Opportunity for employees to participatein inspections.  At the time and place of inspections under section396-4(b)(2), (3), and (4), an opportunity shall be provided for employees andtheir representatives to bring possible violations to the attention of the authorizedrepresentative of the director conducting said inspection in order to aidinspections.  This requirement may be fulfilled by allowing a representative ofthe employees and a representative of the employer to accompany the director'sauthorized representative during the physical inspection of the workplace, orin absence of the employees' representative, there shall be a consultation witha reasonable number of employees.

(d)  Notice of nonaction to employees.  Thedepartment shall notify the employees when the department decides not to takecompliance action as a result of violations alleged by any employee or anyrepresentative of the employees.  This notice shall state the decision not totake compliance action, the reasons therefor, and the procedures for informalreview of such decision.

(e)  Discharge or discrimination againstemployees for exercising any right under this chapter is prohibited.  Inconsideration of this prohibition:

(1)  No person shall discharge, suspend or otherwisediscriminate in terms and conditions of employment against any employee byreason of:

(A)  The employee's failure or refusal tooperate or handle any machine, device, apparatus, or equipment which is in anyunsafe condition; or

(B)  The employee's failure or refusal toengage in unsafe practices in violation of this chapter or of any standard,rule, regulation, citation or order issued under the authority of this chapter;

(2)  Upon discretion of the director or request, namesof complainants may be withheld from the employer;

(3)  No person shall discharge or in any mannerdiscriminate against any employee because the employee has filed any complaintor instituted or caused to be instituted any proceeding under or related tothis chapter, or has testified or intends to testify in any such proceeding, oracting to exercise or exercised on behalf of the employee or others any rightafforded by this chapter;

(4)  Any employee who believes that there has been adischarge or discrimination against the employee by any person in violation ofthis subsection may, within sixty days after the violation occurs, file acomplaint with the director alleging unlawful discharge or discrimination andsetting forth the circumstances thereof;

(5)  Upon receipt of the complaint, the director shallinvestigate to determine if a discharge or discrimination in violation of thissubsection has occurred;

(6)  If upon investigation the director determinesthat the provisions of this subsection have been violated, the director shallorder the employer to provide all appropriate relief to the employee, includingrehiring or reinstating the employee to the former position with back pay andrestoration of seniority;

(7)  Within ninety days of receipt of a complaintfiled under this subsection, unless extended by the director, the directorshall notify the employee of the final determination and any subsequent actionthe department will take to resolve the complaint; and

(8)  Nothing in this subsection shall preclude anyemployee or representative of an employee from simultaneously pursuing a causeof action for injunctive relief or any other remedy provided by law.

(f)  Except for those complainants allegingviolations under subsection (e) above, names of all complainants and witnessesshall be withheld from the employer unless prior permission is given by thecomplainant or witness to release the complainant's or witness' name. [L 1972,c 57, pt of §1; am L 1974, c 152, §4; am L 1976, c 95, §7; am L 1977, c 179,§2; gen ch 1985; am L 1993, c 204, §1]