How Does the Food Safety Modernization Act Protect Employees?
The Food Safety Modernization Act (FSMA) imposes strict food safety standards and gives the FDA a high authority to regulate the amounts of tainted food. The act ensures workers can disclose food safety concerns without fear of reprisal by their employers. It was passed to help avoid food contamination, because employees working with food are in the best position to ensure standards are kept up. The act encourages employees to speak out when they see issues and ensures they will not be punished by their employers for doing so.
FSMA applies to all workers engaging in any aspect of the food making and distribution. This includes the manufacture, processing, packing, transporting, holding, or importation of food.
For an employee to win a FSMA case, they must provide the following:
- A protected activity
- An adverse employment action
- The protected activity caused the adverse action
“Protected activity” is an action an employee can take and still be protected from retaliation by their employer under the law.
The FSMA prohibits retaliation against any employee who has:
- Provided or is about to provide information regarding any violation
- Testified or is about to testify against a violation
- Assisted or participated in such a proceeding
- Objected to, or refused to participate in, any activity or practice that the employee believed violates any provision of FSMA
The complaint does not have to disclose an actual violation of a food safety law or regulation, but the employee must reasonably believe a violation has taken place. Some examples of protected conduct include:
- Reporting cheese is stored at the wrong temperature and more susceptible to spoiling or having harmful bacteria
- Reporting additives harmful to infants have been added into baby formula
- Reporting food is being stored in a facility infested with flies and rodents
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/food-safety-whistleblowers#1