By James L. Curtis and Meagan Newman
OSHA released an updated version of its Whistleblower Investigations Manual (CPL 02-03-005) on May 21, 2015–the first update since September 2011. The manual now reflects procedures for investigating MAP-21 whistleblower claims (protecting workers who report defects in automobiles), as well as substantive changes to Chapter 6 which covers settlement agreements and remedies.
One…
Continue Reading OSHA Publishes New Whistleblower Investigations Manual
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
By James L. Curtis and Craig B. Simonsen
So far 2014 has proven to be a lucrative year for whistleblowers assisting federal agencies in bringing suits against “violators”.
In following up on last year’s impressive $14 million dollar whistleblower reward, the U.S. Securities and Exchange Commission (SEC) has just announced an award of $875,000 to two whistleblowers “who aided”…
Continue Reading Whistleblowers Continue to See Significant Monetary Awards in 2014
By James L. Curtis, Meagan Newman, and Craig B. Simonsen
Dr. David Michaels, Administrator for the Occupational Safety and Health Administration, testified yesterday at a hearing before the Senate Subcommittee on Employment & Workplace Safety. The topic of discussion was “Whistleblowers and Job Safety: Are Protections Adequate to Build a Safer Workplace?”
Dr. David Michaels’ Answer: No, They’re …
Continue Reading Whistleblowers and Job Safety: Are Protections Adequate to Build a Safer Workplace?
