Safety insight: When a staffer points out a potential safety problem, always address the individual’s concerns in a timely and effective manner.
What happened: Shortly after he began working for a company, an employee expressed concerns about potential safety problems. For instance, one of the production machines had a broken limit switch so a crowbar had been jammed into a hole to hold down the limit switch. The safety bypass meant the door was open while the machine was running, significantly increasing the likelihood of an injury incident. The crew member told his supervisor about that problem and several other potential safety violations, but he was ignored.
What people did: A short time later, the staffer was meeting with his boss when he threatened to contact safety regulators if the safety issues he’d pointed out weren’t fixed. Afterward, he was fired and told that he was a “threat” to the company.
Legal challenge: The man sued for whistleblower retaliation.
Result: The employer lost. The court said a jury should decide whether the staffer was terminated because he threatened to contact safety regulators. According to the judge, the company failed to offer a plausible explanation for the employee’s dismissal. Furthermore, he was let go within hours of saying he planned to contact safety regulators.
The skinny: Companies that give short shrift to workers who raise concerns about safety are risking a big loss in court – judges are rarely impressed when employers terminate crew members immediately after they suggest they’ll reach out to safety regulators.
Cite: Nichols v. Diversified Engineering & Plastics, Court of Appeals of Michigan, No. 374959, 7/21/26.
(From the September 28, 2026, issue of Safety Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)
