By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Administration has just released its whistleblower statistics, showing another jump in the number of whistleblower cases filed with OSHA in FY 2014, to over three thousand.
This is the first time that the total number of claims filed has topped 3,000, and is the result of a…
Continue Reading Not Surprisingly, 2014 Sees Another Increase in Whistleblower Cases
By Brent I. Clark, Ada W. Dolph, and Craig B. Simonsen
In remarks before its Whistleblower Protection Advisory Committee, OSHA Administrator Dr. David Michaels said that he will lessen the whistleblower’s burden of proof in investigations.
Dr. Michaels spoke at the September 3, 2014 Whistleblower Protection Advisory Committee meeting. In his introduction, he noted that from 2009…
Continue Reading OSHA Head Says OSHA Will Lower Whistleblower’s Burden of Proof in Investigations
By Mark A. Lies, II and Meagan Newman
The 10th Circuit Court of Appeals recently issued a decision that effectively and measurably lowers OSHA’s burden of proof to establish an OSHA violation to “what a reasonably prudent employer would do.” Compass Environmental, Inc. v. Occupational Safety and Health Commission; Department of Labor, No. 10-9541 (Dec. 19, 2011). The decision…
Continue Reading Court Lowers Burden of Proof for OSHA
