OSHA updates whistleblower guidance
OSHA has updated the guidance document that it uses to investigate cases through the Whistleblower Protection Program, which addresses retaliation complaints under the 21 federal whistleblower statutes.
Whistleblower Investigations Manual replaces the 2003 version and, according to a September 21 OSHA news release, contains key changes including:
- A requirement that investigators make every attempt to interview the complainant in all cases.
- Clarification that whistleblower complaints under any statute may be filed orally or in writing, and in any language, and that OSHA will be accepting electronically-filed complaints on its Whistleblower Protection Program website,
- Additional clarifications of the investigative process including method and recording of interviews, and processing of dually-filed 11(c) complaints in state plan states.
- New chapters for processing complaints filed under Federal Railroad Safety Act (FRSA), 49 U.S.C. §20109, National Transit Systems Security Act (NTSSA), 6 U.S.C. §1142, and Consumer Product Safety Improvement Act (CPSIA), 15 U.S.C. §2087, as well as significant updates to the Surface Transportation Assistance Act (STAA) and Sarbanes-Oxley chapters, which incorporate statutory amendments and developments in the law.
- Expanded guidance on dealing with uncooperative respondents and issuing administrative subpoenas during whistleblower investigations.
“The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value,” said OSHA Assistant Secretary Dr. David Michaels in the OSHA announcement.
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