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Occupational Safety and Health Administration › Employer Liability Issues › Whistleblower Protection Policies

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Friling Law

Your Right to Report Unsafe Working Conditions Without Retaliation: A Guide for Employees

Friling Law on

Every worker in the United States has the right to a safe and healthy workplace. Federal law protects you if you speak up about unsafe conditions, file a safety complaint, or take part in a workplace safety investigation. If...more

Conn Maciel Carey LLP

[Webinar] Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA - October 1st,...

Conn Maciel Carey LLP on

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more

Baker Donelson

Six Sizzling Ways to Beat the OSHA Heat This Summer

Baker Donelson on

The summer heat is in full swing and so are ramped-up compliance efforts from OSHA. This alert provides you with six quick tips to help avoid and minimize any "heat" from OSHA this summer....more

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Proskauer - Whistleblower Defense

District of NJ: Federal Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Orders Under SOX

Proskauer - Whistleblower Defense on

On April 19, 2023, the U.S. District Court for the District of New Jersey granted the defendant-employer’s motion to dismiss a complaint seeking court enforcement of a preliminary reinstatement order after determining that...more

Troutman Pepper Locke

Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

Troutman Pepper Locke on

Most savvy employers know all too well the dangers of ignoring whistleblowers. Financial and reputational penalties can be steep. Originally published in Law360 on April 25, 2023....more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events Of 2021

Proskauer Rose LLP on

2021 was another blockbuster year in the whistleblowing and retaliation arena. The U.S. Securities and Exchange Commission Office of the Whistleblower has now issued in excess of $1 billion in whistleblower bounties. ...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases...

Epstein Becker & Green on

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more

Vinson & Elkins LLP

To Understand Enforcement of the New OSHA ETS, We Need to Understand Whistleblowing

Vinson & Elkins LLP on

The new Occupational Safety and Health Administration (“OSHA”) emergency temporary standard mandating various COVID-19 policies and procedures for employers with at least 100 employees (“ETS”) has an uncertain future in light...more

Parker Poe Adams & Bernstein LLP

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Parker Poe Adams & Bernstein LLP on

Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

COVID-19, Workplace Safety and Health, and Employee Claims of Retaliation: What’s an Employer to Do?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

As of August 8, 2021, the Occupational Safety and Health Administration (OSHA) has received more than 5,558 whistleblower complaints related to COVID-19 since the start of the pandemic (and State Plans have received an...more

McAfee & Taft

OSHA focuses enforcement efforts on higher-risk workplaces amid pandemic

McAfee & Taft on

On March 21, 2021, the Occupational Safety and Health Administration published a National Emphasis Program (NEP) to focus its enforcement efforts on preventing employees from contracting COVID-19 and protecting employees who...more

Sheppard Mullin Richter & Hampton LLP

OSHA Adopts New COVID-19 National Emphasis Program to Increase Its Enforcement Efforts

Sheppard Mullin Richter & Hampton LLP on

On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker...more

Holland & Hart - Employers' Lawyers

Take COVID-19 Vaccine or Else: Legal Pitfalls for Employers

Holland & Hart - Employers' Lawyers on

The imminent availability of a COVID-19 vaccine has garnered massive public attention. Perhaps the most pressing question from Colorado employers is, “Can employees be required to take the vaccine once it’s available?”...more

Littler

The Department of Labor Establishes New Whistleblower Protocols

Littler on

On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act...more

Morgan Lewis - Up & Atom

OSHA to Investigate Whistleblower Complaints under Criminal Antitrust Anti-Retaliation Act and Anti-Money Laundering Act

Morgan Lewis - Up & Atom on

The US Department of Labor (DOL) announced on February 19 that the Occupational Safety and Health Administration (OSHA) will begin investigating whistleblower complaints of retaliation under the Criminal Antitrust...more

Proskauer - Whistleblower Defense

ARB Affirms Dismissal of SOX Whistleblower Claim for Lack of Protected Activity

Proskauer - Whistleblower Defense on

On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX.  The ARB concluded that the...more

FordHarrison

Has COVID-19 Made It Easier for Employees to File "Whistleblower Retaliation" Lawsuits?

FordHarrison on

Recent class action litigation by New York court police demonstrates how long-standing state whistleblower-protection laws can lead to litigation for unwary employers during the COVID-19 pandemic....more

Morgan Lewis - Up & Atom

OSHA Hosts Stakeholder Call to Discuss Whistleblower Protection Program

Morgan Lewis - Up & Atom on

The Occupational Safety and Health Administration (OSHA) recently held a public stakeholder meeting to discuss its Whistleblower Protection Program and how it can improve its administration of the 20-plus whistleblower...more

Troutman Pepper Locke

Navigating Adapted Operations Advisory Series: Part Five – Liability Concerns and Managing Whistleblower Issues

Troutman Pepper Locke on

Who Needs to Know - Employers who are reopening (or have already reopened) by bringing employees back to their workplaces....more

Hinshaw & Culbertson - Employment Law...

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

Hinshaw & Culbertson - Employment Law... on

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

Morgan Lewis - Up & Atom

OSHA Invites, Receives Public Comments on Whistleblower Protection Program

Morgan Lewis - Up & Atom on

The Occupational Safety and Health Administration (OSHA) recently held a public stakeholder meeting to discuss its Whistleblower Protection Program and how it can improve its administration of the 20-plus whistleblower...more

McNees Wallace & Nurick LLC

OSHA Issues Reminder Regarding Retaliation Prohibition

McNees Wallace & Nurick LLC on

In the midst of the COVID-19 pandemic, the Occupational Health and Safety Administration (“OSHA”) saw fit to remind employers that it remains illegal to retaliate against workers who report unsafe and unhealthful working...more

Lathrop GPM

Litigation Pitfalls for Employers in a COVID-19 World

Lathrop GPM on

The COVID-19 pandemic has caused companies and their management teams to react quickly and make adjustments to their business operations instantly. Many companies are doing what they can to survive while, at the same time,...more

Seyfarth Shaw LLP

Whistle While You Work: OSHA Whistleblower Liability Expands

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers face growing numbers of OSHA whistleblower complaints from aggrieved employees, largely alleging that they faced discipline and discharge on account of safety complaints. The Agency’s recent...more

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