Employer informs its employees that it will hold a substantial cash prize drawing for each work group at the end of each month in which no employee in the work group sustains a lost-time injury. Employee X reports an injury that she sustained while operating a mechanical power press. Employee X did not violate any employer safety rules when she sustained her injury. Employee X's injury requires her to miss work for two days. Employer cancels the cash prize drawing for that month for Employee X's work group because of Employee X's lost-time injury. Did Employer violate 1904.35(b)(1)(iv) when it cancelled the cash prize drawing for Employee X's work group because of a lost-time injury that was sustained while Employee X was following the employer's work rules?

Yes. Cancelling a substantial cash prize drawing solely because an employee was injured and reported the injury, without regard to the circumstances surrounding the injury, would likely violate section 1904.35(b)(1)(iv). In this case, the employer retaliated against the employee (by cancelling a substantial cash prize drawing) because the employee engaged in protected activity (reporting her injury to the employer). This type of activity may also discourage reporting because a worker may feel pressure from coworkers not to cancel the drawing, or may be reluctant to report out of loyalty to those coworkers.

FAQ ID: 625