Whistleblowers Occupational Safety and Health Administration

News & Analysis as of

OSHA Announces New Enforcement Program for Whistleblower Cases

The “pilot” Severe Violator Enforcement Program will impose more stringent inspection procedures, enhanced settlement provisions, and “public scrutiny” for employers that OSHA deems to have engaged in “egregious behavior and...more

Five Issues Employers Should Consider with OSHA’s New Workplace Injuries and Illnesses Reporting Rule

The Occupational Safety and Health Administration (“OSHA”) recently released its final rule revising the Recording and Reporting Occupational Injuries and Illnesses regulations. Employers should not be taken in by the benign...more

New OSHA Whistleblower ‘Shaming’ Program Draws Fire

The Occupational Safety and Health Administration has launched a pilot program in the Midwest region to shame employers who allegedly violate their employees’ whistleblower rights egregiously, but a critic contends the...more

OSHA's Final Rule – Tracking Workplace Injuries and Illnesses

The Occupational Safety and Health Administration (OSHA) has issued its final rule to improve tracking of workplace injury and illness data. The new rule, which generally takes effect on January 1, 2017, changes prior...more

Final Blacklisting and Contractor Paid Sick Leave Rules Slated for Late Summer Publication, According to Spring Regulatory Agenda

Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the...more

OSHA's Final Rule on Electronic Tracking of Workplace Injuries and Illnesses

In keeping with Assistant Secretary of Labor Dr. David Michaels’ promise to “shame” employers into compliance, on May 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule on electronic...more

New Food Safety Whistleblower Regulations: OSHA Bites Off More Than It Can Chew

Seyfarth Synopis: Employers may face liability for retaliation charges from employees who report food safety issues under the Food Safety Modernization Act (FSMA). Employers in the food industry have a new headache to...more

[Webinar] Whistleblower Investigations - OSHA's 11(c), Title VII and other Statutes - April 19th, 1:00pm ET

Federal and state laws prohibit employers from retaliating against whistleblowers who engage in protected activities. The OSH Act, Title VII of the Civil Rights Act, and several other laws that regulate the relationship...more

Employee Benefits & Executive Compensation Advisory: The ACA: New Concerns for Employer Plan Sponsors Under the Fair Labor...

The Affordable Care Act (ACA) anti-retaliation provisions have been in effect for several years, but have so far largely gone unnoticed. Now that employees can get financial assistance through the Health Insurance...more

OSHA Continues to Turn Up the Volume on Whistleblowing

Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower...more

U.S. OSHA orders aviation firm to reinstate dismissed pilot fired for raising safety concerns – damages could exceed $500,000

A U.S. pilot who raised a number of safety concerns has won reinstatement to his job, and years of lost wages. The pilot had complained about safety concerns at work ranging from missed drug tests for pilots to poor...more

OSHA Incorporates Previous Guidance into Whistleblower Manual

The Occupational Safety and Health Administration (OSHA) has issued a new Whistleblower Investigations Manual that clarifies the new, relaxed standard to be used by its investigators in determining whether to pursue a...more

“Reasonable Cause” Standard Highlighted In OSHA’s Revised Whistleblower Investigations Manual

On January 28, 2016, OSHA issued a revised Whistleblower Investigations Manual (“Manual”) outlining procedures for the handling of retaliation complaints under the various whistleblower statutes that OSHA oversees. Chapter 3...more

OSHA Issues New Whistleblower Investigations Manual

Following through on its April 2015 “clarification” of the investigative standard in whistleblower matters, OSHA issued a new whistleblower investigations manual overnight restating the mission of its...more

Litigating Environmental Whistleblower Claims Under OSHA Procedures

The federal government is allocating more time and resources to whistleblower programs. Now, more than ever, companies need to take steps to minimize exposure to whistleblower claims. When a whistleblower case is filed, it...more

OSHA Releases FY 2015 Stats Showing An Increase In Whistleblower Claims

According to figures recently released by OSHA, there has been a general increase in the number of whistleblower cases filed in fiscal year 2015 (FY 2015), in comparison to the number of cases filed in FY 2014.  Here are some...more

Get Ready for Monday-Morning Quarterbacking: OSHA Releases Compliance Guidance and Will Soon Finalize Electronic Recordkeeping...

The Occupational Safety and Health Administration (OSHA) recently sent its proposal to amend the recordkeeping regulation, 29 CFR Part 1904, to the Office of Information and Regulatory Affairs (OIRA)—a necessary step in the...more

New OSHA Best Practices for Whistleblower Compliance Programs: Guidelines Can Help Organizations Design Effective Compliance...

What you need to know: OSHA recently released for public comment a set of draft guidelines designed to help organizations design effective compliance programs that protect whistleblower rights and, by doing so, make it...more

Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad...more

OSHA Implements New Whistleblower Training Program for Investigators

A recent audit conducted by Inspector General (OIG) concluded that the training provided to OSHA whistleblower complaint investigators could be improved in material respects.  It found that the absence of an official training...more

Employer Ordered to Pay Whistleblower $100,000 Punitive Damages

In a recent Federal District Court OSHA 11(c) retaliation case, Perez v. Sandpoint Gas N Go, 14-cv-357 (9-29-2015), Chief Judge B. Lynn Winmill provides a strong reminder that the Courts will protect from retaliation...more

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

A Review of Recent Whistleblower Developments

Second Circuit Splits from Fifth Circuit on Whistleblower SEC Reporting Obligations On September 10, 2015, the Second Circuit in Berman v. Neo@Ogilvy LLC, 2015 U.S. App. LEXIS 16071 (2d Cir. 2015), ruled that...more

New OSHA Directive to Assist in Early Resolution of Whistleblower Complaints

On August 19, 2015, OSHA issued new policies and procedures (Compliance Directive: CPL 02-03-006) for applying a new process for resolving whistleblower disputes. This directive is OSHA’s attempt to institute an early...more

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

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