Tag: #whistleblower

OSHA, National Labor Relations Board sign agreement to strengthen information-sharing, outreach on whistleblower protections

Posted on by McCraren Compliance
Photo: OSHA

WASHINGTON – The U.S. Department of Labor and the National Labor Relations Board today announced that the department’s Occupational Safety and Health Administration and the board have signed an agreement to strengthen the agencies’ partnership and outline procedures for information-sharing, referrals, training and outreach that explain federal anti-retaliation protections.

The Memorandum of Understanding will also enable OSHA and the board to cooperate more effectively and efficiently to enforce related laws and protect workers’ rights.

“Everyone should be able to exercise their legal rights in the workplace without fear of losing their job or other forms of punishment,” explained Assistant Secretary for Occupational Safety and Health Doug Parker. “Our partnership with the National Labor Relations Board will expand both of our agencies’ impact and effectiveness in protecting workers who raise concerns about workplace violations or retaliation.”

The collaboration will also create mechanisms to increase overall awareness on the rights and remedies available under federal anti-retaliation and whistleblower protection laws. The agencies have jointly created a fact sheet, “Building Safe & Healthy Workplaces by Promoting Worker Voice” to help workers better understand what recourse they have when their rights are violated.

“Workplace safety can be a matter of life and death for workers and so the ability to report workplace hazards without fear of retaliation is critically important,” said National Labor Relations Board General Counsel Jennifer A. Abruzzo. “Today’s MOU will bolster protections for workers to speak out about unsafe working conditions by strengthening coordination between OSHA and the NLRB on our enforcement efforts.”

Learn more about the National Labor Relations Board or call 1-844-762-6572. For assistance in filing a charge, contact your NLRB Regional Office.

For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Program website.

McCraren Compliance offers a full range of safety and health training and consulting services. Plus we can help you incorporate well-being into your traditional systems in order to support the Total Worker Health of your workforce.

Call 888-758-4757, email info@mccrarencompliance.com or visit our website www.mccrarencompliance.com

Original article published by OSHA

OSHA will seek public input, ideas to improve OSHA whistleblower program outreach, training at October meeting

Posted on by McCraren Compliance

Public comments must be submitted by Nov. 7, 2023

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration will hold an online meeting on Tuesday, Oct. 24, 2023, to hear public comments and suggestions as part of its effort to improve outreach and training initiatives that support the federal whistleblower laws the agency enforces.

The meeting will be held from 1 p.m. to 4 p.m. EDT and is open to the public. The meeting will be offered in English and Spanish. Individuals interested in joining or participating in the meeting must register in English or in Spanish by Oct. 17, 2023. There is no cost to attend.

OSHA is seeking comments, ideas and other input in response to the following questions:

  • How can OSHA deliver better whistleblower customer service?
  • What kind of assistance can OSHA provide to help explain the agency’s whistleblower laws to employees and employers?

Comments may also be submitted to the Federal eRulemaking Portal assigned to Docket No. OSHA-2018-0005. Deadline for submitting comments is Nov. 7, 2023. Read the Federal Register notice for details.

Learn more about OSHA’s Whistleblower Protection Program.

McCraren Compliance offers a full range of safety and health training and consulting services. Plus we can help you incorporate well-being into your traditional systems in order to support the Total Worker Health of your workforce.

Call 888-758-4757, email info@mccrarencompliance.com or visit our website www.mccrarencompliance.com

Original article published by OSHA

Lockout/Tagout update now “long-term” action in latest regulatory agenda

Posted on by McCraren Compliance
Original article published by Safety+Health
OSHA_RegInfo061423_768x492.jpg
Photo property of OSHA

Washington — A planned update to OSHA’s Lockout/Tagout standard (1910.147) has been pushed to “long-term actions” under the Department of Labor’s Spring 2023 regulatory agenda.

The move is one of a handful of changes in the latest agenda, published June 14 by the White House Office of Information and Regulatory Affairs.

OSHA lists an August 2024 target date for a notice of proposed rulemaking regarding the Lockout/Tagout update, but those dates are often tentative. The updated rule is expected to incorporate technological advances in the control of hazardous energy.

The agency also pushed its rule on Shipyard Fall Protection (1915.71) to “long-term actions,” with an NPRM expected no earlier than November 2024.

OSHA currently has two final rules under OIRA review – one of the final stages in the rulemaking process. One rule, Occupational Exposure to COVID-19 in Health Care Settings (1910.501), has been under review since Dec. 7.

The other, under review since April 7, is a revised rule on injury and illness data submission (1904.41). The agency seeks to require establishments with 100 or more employees in high-hazard industries to annually submit injury and illness data from the more detailed Forms 300 and 301, in addition to Form 300A. Establishments in those same industries with 20 to 99 employees would need to submit only Form 300A. In addition, OSHA would end the electronic reporting requirement for establishments with 250 or more employees that aren’t on the list of high-hazard industries. The agency also would update its classification system that determines which industries are covered under its electronic reporting requirements, as well as require establishments to include a company name when submitting data to the agency.

OSHA issued one final rule in the past six months, one concerning whistleblower provisions under the Taxpayer First Act of 2019, which went into effect in March. The agency also issued an interim final rule in February on whistleblower provisions under the Criminal Antitrust Anti-Retaliation Act of 2019.

The agency rescinded its proposed rule to revoke Arizona State Plan status in February.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

US Department of Labor seeking public input, ideas to improve OSHA whistleblower program outreach, training at May meeting

Posted on by McCraren Compliance

Original article published by OSHA

Public comments must be submitted by May 24, 2023

Photo: OSHA

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration will hold a virtual meeting on Wednesday, May 10, 2023, to hear public comments and suggestions as part of its effort to improve outreach and training initiatives that support the federal whistleblower laws the agency enforces.

The meeting will be held from 1 p.m. to 4 p.m. EDT via Zoom and is open to the public. The meeting will be offered in English and Spanish. Individuals interested in joining or participating in the meeting must register in English or Spanish by May 3, 2023. There is no fee to register.

Specifically, OSHA is seeking comments, ideas and other input in response to the following questions:

  1. What can the agency do to improve www.whistleblowers.gov?
  2. What additional materials would be beneficial for the agency to make publicly available on its website?
  3. What types of whistleblower training videos or presentations would be useful for the public to better understand the whistleblower laws enforced by OSHA?
  4. How can OSHA better engage with complainants and respondents?

Comments may also be submitted to the Federal eRulemaking Portal assigned to Docket No. OSHA-2018-0005. Deadline for submitting comments is May 24, 2023. Read the Federal Register notice for details.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

OSHA to host virtual meeting on Whistleblower Protection Program

Posted on by McCraren Compliance

Original article published by Safety+Health

Photo: OSHA

Washington — OSHA has scheduled a virtual public meeting for May 10 to hear stakeholder input on how it can improve outreach and training efforts for its Whistleblower Protection Program.

In particular, OSHA is seeking responses to these questions:

  • What can the agency do to improve the Whistleblower Protection Program’s website?
  • What additional materials would be beneficial for the agency to make publicly available on its website?
  • What types of whistleblower training videos or presentations would be useful for the public to better understand the whistleblower laws enforced by OSHA?
  • How can OSHA better engage with complainants and respondents?

According to a notice published in the April 4 Federal Register, the meeting is slated for 1 p.m. Eastern. Anyone interested in attending the meeting must register by May 3. Relevant comments must be submitted by May 24.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

US Department of Labor announces publication of interim final rule for handling criminal antitrust anti-retaliation complaints

Posted on by McCraren Compliance

Original article published by OSHA

OSHA accepting comments from the public

Photo: OSHA

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration recently published an interim final rule establishing procedures and timeframes for handling employee retaliation complaints under the Criminal Antitrust Anti-Retaliation Act, enacted Dec. 23, 2020.

The departments of Labor and Justice will collaborate to enforce CAARA to ensure protection of whistleblowers from retaliation for reporting potential criminal antitrust violations or engaging in other protected activities. These activities include testifying, participating or assisting in certain federal government investigations or proceedings. Protected reports include providing information to an employer or the federal government relating to price fixing, bid rigging or market allocation schemes between competitors, or information relating to violations of other criminal laws committed in conjunction with potential violations of the criminal antitrust laws or in conjunction with a Justice Department investigation of potential violations of those laws.

Under President Biden’s Executive Order on Promoting Competition in the American Economy, the department is working with other agencies, including the Department of Justice, to prohibit anti-competitive behavior by employers. Such conduct hurts workers by weakening their bargaining power, lowers wages and widens inequality.

OSHA is accepting comments from the public. Submit comments online, identified by Docket Number OSHA-2021-0011 at the Federal eRulemaking Portal. The deadline for submitting comments is April 23, 2023. The interim final rule became effective Feb. 10, 2023.

For additional details about the statute along with instructions on how to file a complaint with OSHA under the CAARA, read the fact sheet on Whistleblower Protection for Reporting Criminal Antitrust Violations.

OSHA enforces the whistleblower provisions of more than 20 statutes protecting employees who report violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, criminal antitrust and anti-money laundering laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

US Department of Labor to hold virtual meeting to solicit public input on OSHA whistleblower program improvements

Posted on by McCraren Compliance

Original article published by OSHA

Photo property of OSHA

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration will hold a virtual meeting on Wednesday, Oct. 19, 2022, to solicit public comments and suggestions related to OSHA’s Whistleblower Protection Program.

This is the tenth in a series of meetings on how the agency can improve the whistleblower program.

Open to the public, the meeting will be held from 1 p.m. to 4 p.m. ET via telephone and virtually via Teams. The agency will provide Spanish language translation during the meeting. Those interested in joining or participating in the meeting must register in English or Spanish by Oct. 12, 2022. There is no fee to register.

OSHA is seeking comments on:

  1. How can OSHA deliver better whistleblower customer service?
  2. What kind of assistance can OSHA provide to help explain the agency’s whistleblower laws to employees and employers?

Submit comments at the Federal eRulemaking Portal and identify using Docket No. OSHA-2018-0005. The deadline for submitting comments is Nov. 2, 2022. Read the Federal Register notice for details.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

OSHA updates investigations manual for handling retaliation complaints under whistleblower statutes

Posted on by McCraren Compliance

First published by OSHA

Photo property of OSHA

The U.S. Department of Labor’s Occupational Safety and Health Administration recently revised the agency’s Whistleblower Investigations Manual. The updated manual supersedes the January 2016 version and is the first complete overhaul since 2011.

The investigations manual outlines procedures, legal concepts and other information related to handling retaliation complaints under the various whistleblower statutes that OSHA enforces.

Key changes in the manual include:

  • Incorporating past policy memoranda and procedures piloted by OSHA field offices.
  • Clarifying and streamlining procedures that lacked sufficient guidance or were unclear in the 2016 version.
  • Statute-specific chapters were removed and converted into statute-specific desk aids.
  • Restructuring the manual such that Chapter 2 now collects and explains the legal concepts and principles that guide whistleblower investigations. In previous versions, these concepts were introduced throughout the manual.

“We are working to improve our whistleblower program to help ensure workers have a voice on the job free of retaliation,” said Assistant Secretary of Labor for Occupational Safety and Health Doug Parker.

OSHA enforces the whistleblower provisions of 25 statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.

DOL to hold virtual meeting to solicit public input on OSHA whistleblower program improvements

Posted on by McCraren Compliance

First published by OSHA

Photo: OSHA

Agency seeks comments on healthcare worker retaliation concerns

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration will hold a virtual meeting May 18, 2022, to solicit public comments and suggestions on issues facing OSHA’s Whistleblower Protection Program.

This is the ninth in a series of meetings on how the agency can improve the whistleblower program, particularly concerning healthcare workers.

Open to the public, the meeting will be held from 1 p.m. to 4 p.m. ET via telephone and virtually via Zoom. The agency will provide Spanish language translation during the meeting. Those interested in joining or participating in the meeting must register in English or Spanish by May 11, 2022. There is no fee to register.

OSHA is seeking comments on:

  1. How can OSHA deliver better whistleblower customer service?
  2. What kind of assistance can OSHA provide to help explain the agency’s whistleblower laws to employees and employers?
  3. What can OSHA do to ensure that healthcare workers are protected from retaliation for raising concerns related to COVID-19?

Submit comments at the Federal eRulemaking Portal and identify using Docket No. OSHA-2018-0005. The deadline for submitting comments is May 11, 2022. Read the Federal Register notice for details.

Learn more about OSHA’s Whistleblower Protection Program.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.

Speeding up OSHA’s response to COVID-19 whistleblower complaints: DOL OIG makes recommendations

Posted on by McCraren Compliance

OIG/OSHA logos -- jan72014

Washington — Facing a staffing shortage and an increased number of complaints related to the COVID-19 pandemic, OSHA must improve the efficiency of its Whistleblower Protection Program, an audit report from the Department of Labor Office of Inspector General concludes.

The program enforces 23 statutes that prohibit employers from retaliating against workers who report employer violations of various workplace safety, consumer product, environmental, financial reform and securities laws.

“When OSHA fails to respond in a timely manner, it could leave workers to suffer emotionally and financially, and may also lead to the erosion of key evidence and witnesses,” DOL OIG states in the Aug. 14 report.

An audit conducted by OIG found whistleblower complaints increased 30% during the first four months of the pandemic compared with the same period last year. Meanwhile, the WPP’s number of full-time equivalent investigators dropped to 120 from 126 in 2019. As a result, some investigators have as many as 45 open cases – more than double the “optimal” maximum amount of 20, according to the report. OIG recommends OSHA fill these vacancies.

The office also recommends the agency continue to assess a triage pilot intended to speed up the complaint screening process and consider extending the program to all regions. The program, set up before the pandemic in Region 2 (New York, New Jersey, Puerto Rico and the Virgin Islands), is designed to reassign older whistleblower complaints from regions with sizeable backlogs to regions with smaller backlogs.

“Whistleblower program officials have not utilized a similar approach during the pandemic to more evenly distribute whistleblower complaints,” the report states. OIG recommends the agency develop a caseload management plan to be able do so.

In general, whistleblower cases are assigned based on the whistleblower’s location or where the majority of witnesses appeared to be located. However, OIG points out, many investigations are conducted via telephone interviews and with electronic delivery of supporting documentation, making distributing caseloads easier.

Acting OSHA administrator Loren Sweatt agreed with the recommendations in a response memo dated Aug. 10 and addressed to Assistant Inspector General for Audit Elliot Lewis. She wrote that the agency has processed more than half of the COVID-19-related complaints received to date, with an average screening time of 10 days – faster than the agency’s fiscal year 2020 Operating Plan’s performance measure of 13 days.

Sweatt added that the “Whistleblower Investigations Manual” is close to its first published update since September 2011.

“In the meantime, the agency continues to issue new guidance to investigative staff, strengthen our collaborative relationships with our partner agencies, and develop new customer service and outreach tools,” she wrote.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.