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 Ada W. Dolph and Craig B. Simonsen

A railroad’s decision to terminate an apprentice electrician whose OSHA injury report revealed he had not been truthful in his employment record about other prior workplace injuries was unlawful retaliation under the whistleblower provision of the Federal Railroad Safety Act, 49 U.S.C. § 20109 (FRSA), OSHA has ordered.  The railroad was
Continue Reading Railroad Ordered to Pay $225,000 in Whistleblower Action where Employee Allegedly Lied About Prior Injuries

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 Ada W. Dolph and Craig B. Simonsen

The Occupational Safety and Health Administration (OSHA) recently flexed its muscle, announcing a nearly $1 million damages award and reinstatement for a foreman and two truck drivers against an asphalt paving company accused of terminating them in retaliation for filing separate OSHA complaints asserting that they had been directed to violate the
Continue Reading OSHA Orders Asphalt Paving Company to Pay Nearly $1 Million and Reinstate Foreman and Two Drivers In Whistleblower Complaints