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

Original article published by OSHA

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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.


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OSHA updates investigations manual for handling retaliation complaints under whistleblower statutes

First published by OSHA

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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.


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

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

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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.