By Brent I. Clark, James L. Curtis, Christopher F. Robertson, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering
Continue Reading New Antitrust and Money Laundering Laws to Expand OSHA Whistleblower Claims
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has scheduled a meeting on June 12, 2018, in Washington, D.C., to solicit comments and suggestions from stakeholders in the trucking and railroad industries, on whistleblower issues within OSHA’s purview. 83 Fed. Reg. 19838 (May 4, 2018).
Through its whistleblower division, the federal
Continue Reading OSHA Schedules Public Meeting and Requests Comments on Whistleblower Issues in the Trucking and Railroad Industries
Seyfarth Synopsis: This morning our panel from Seyfarth’s Workplace Safety team led a briefing on OSHA regulation and enforcement under the Trump Administration.
One year into the Trump Administration, employers’ expectations for a more business-friendly Agency have not yet materialized, as the still-leaderless Agency proceeds ahead with widespread aggressive enforcement. The panel addressed recent developments and trends our Group
Continue Reading PPT Slides from OSHA Trends and Developments: One Year into the Trump Administration
Seyfarth Synopsis: On Tuesday, May 15, 2018, a panel from Seyfarth’s Workplace Safety team will lead an interactive Breakfast Briefing on OSHA regulation and enforcement.
One year into the Trump Administration, employers’ expectations for a more business-friendly Agency have not yet materialized, as the still-leaderless Agency proceeds ahead with widespread aggressive enforcement. The panel will address the new developments
Continue Reading OSHA Trends and Developments: One Year into the Trump Administration
By Adam R. Young and Craig B. Simonsen
Seyfarth Synopsis: The Affordable Care Act faces an uncertain future under the Trump administration, which will affect whistleblower provisions enforced by OSHA.
In October 2016, the Occupational Safety and Health Administration published a final rule that established procedures and time frames for handling whistleblower complaints under the Patient Protection and Affordable
Continue Reading OSHA Procedures for Retaliation Complaints Under the Affordable Care Act Await New Administration
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and should watch these cases closely.
The U.S. Department of
Continue Reading OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review
By Mark A. Lies, II and Adam R. Young
Seyfarth Synopis: Employers may face liability for retaliation charges from employees who report food safety issues under the Food Safety Modernization Act (FSMA).
Employers in the food industry have a new headache to worry about. On April 18, 2016, the federal Occupational Safety and Health Administration released final rules establishing
Continue Reading New Food Safety Whistleblower Regulations: OSHA Bites Off More Than It Can Chew
By James L. Curtis and Craig B. Simonsen
In a recent Federal District Court OSHA 11(c) retaliation case, Perez v. Sandpoint Gas N Go, 14-cv-357 (9-29-2015), Chief Judge B. Lynn Winmill provides a strong reminder that the Courts will protect from retaliation employees who raise workplace safety issues.
In this case, the whistleblower had contacted OSHA in 2012 to
Continue Reading Employer Ordered to Pay Whistleblower $100,000 Punitive Damages
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