News & Analysis as of

Occupational Safety and Health Administration › Retaliation › Anti-Retaliation Provisions

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 -
Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

Conn Maciel Carey LLP on

In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...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

Littler

NLRB and OSHA Announce MOU to Strengthen Health and Safety

Littler on

On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments - July 2023

Foley & Lardner LLP on

SCOTUS to Review SOX Retaliation Case Involving Burden of Proof of Retaliatory Intent - On May 1, 2023, in Murray v. UBS Securities, LLC, No. 22-660, the United States Supreme Court granted former UBS Securities employee...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2022

Proskauer Rose LLP on

2022 saw highly impactful whistleblower and retaliation events primarily resulting from an active U.S. Securities and Exchange Commission, an aggressive approach taken by the Occupational Safety and Health Administration, and...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

Proskauer - Whistleblower Defense

Ga. District Court Dismisses Dodd-Frank and SOX Whistleblower Claims

Proskauer - Whistleblower Defense on

On September 30, 2020, the U.S. District Court for the Northern District of Georgia granted an employer’s motion to dismiss a Dodd-Frank whistleblower claim on the ground that the alleged whistleblower did not complain to the...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

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

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

Polsinelli

DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act

Polsinelli on

On September 11, 2019, the Department of Labor announced that whistleblower retaliation complaints under the Taxpayer First Act (TFA) will be handled by the Occupational Safety and Health Administration (OSHA). ...more

Fisher Phillips

OSHA OKs Drug Testing and Incentive Programs ... Sort of

Fisher Phillips on

OSHA Rolls Back Enforcement of Anti-Retaliation Provisions! Yesterday, the U.S. Occupational Health and Safety Administration (“OSHA”) issued a standard interpretation clarifying its position on the new recordkeeping rule’s...more

Blank Rome LLP

Blowing the Whistle: Employers Must Properly Respond to Employee Allegations of Wrongdoing

Blank Rome LLP on

The Occupational Safety and Health Administration’s ("OSHA") Whistleblower Protection Program enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various federal laws. Examples...more

Foley & Lardner LLP

SEC Whistleblower Program May Be Facing Congressional Cutback

Foley & Lardner LLP on

According to a memo circulating amongst Republican-party leaders as of February 13th, Republicans in the House of Representatives are planning to propose a significant curtailment of the U.S. Securities and Exchange...more

Proskauer - Whistleblower Defense

OSHA’s Advisory Guidance on Anti-Retaliation Programs

Proskauer - Whistleblower Defense on

On January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs. OSHA’s guidance provides examples and suggestions of steps companies can take to implement an effective anti-retaliation program. ...more

Partridge Snow & Hahn LLP

Looming Effective Dates for New OSHA Recordkeeping Rule: Is Your Company Ready for Public Shaming for Workplace Injuries and...

Partridge Snow & Hahn LLP on

Earlier this year the Occupational Health and Safety Administration (OSHA) published a new rule that attempts to shame employers into lowering workplace injuries and gives OSHA much broader discretion to regulate retaliation...more

Holland & Knight LLP

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

Holland & Knight LLP on

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more

McDermott Will & Emery

Affordable Care Act Whistleblower Complaint Procedures

McDermott Will & Emery on

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings...more

Morgan Lewis

OSHA Announces New Enforcement Program for Whistleblower Cases

Morgan Lewis on

The “pilot” Severe Violator Enforcement Program will impose more stringent inspection procedures, enhanced settlement provisions, and “public scrutiny” for employers that OSHA deems to have engaged in “egregious behavior and...more

Troutman Pepper

OSHA Whistleblower Retaliation Complaints Are on the Rise - Is Your Company Ready?

Troutman Pepper on

Many employers are surprised to learn that the Occupational Safety and Health Administration (OSHA) is responsible for investigating whistleblower retaliation complaints under 22 separate federal statutes, not just the...more

Ballard Spahr LLP

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

Ballard Spahr LLP on

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide