OSHA Provides New Guidance on Unacceptable Whistleblower Settlements, Ensures Whistleblowers Cannot Waive Right to Receive Awards

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In a memorandum dated September 15, OSHA has made explicit that it will not approve any settlement agreements between employers and employees that discourage the employee from acting as a whistleblower.

OSHA oversees governmental investigations for 22 federal whistleblower laws, and has the authority to approve any settlement agreements reached under those laws. The new memo revises OSHA's Whistleblower Investigations Manual (CPL 02-03-007), which had previously only generally provided that OSHA would reject a settlement containing a term that...

 

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