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 Ada W. Dolph and Craig B. Simonsen

Since 2010, OSHA has made a concerted effort to coordinate enforcement of whistleblower complaints with affiliated agencies. (See our past blog about OSHA’s coordination with the FDA here).  OSHA continues in this effort, recently announcing that it has entered into a Memorandum of Understanding (MOU) with the Federal Motor Carrier Safety
Continue Reading OSHA and the Federal Motor Carrier Safety Administration Agree to Coordinate Responses to Whistleblower Complaints By Private Commercial Motor Vehicle Drivers

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?

OSHA yesterday announced its interim final rule for “Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010,” 79 Fed. Reg. 18630 (April 3, 2014).  These rules are in effect immediately, but could be revised by OSHA after the comment period.

James Curtis, Ada Dolph, and Craig Simonsen have prepared
Continue Reading OSHA Issues Its Interim Final Rule On Whistleblowers Procedures Under Dodd-Frank’s Consumer Financial Protection Act

By James L. Curtis and Craig B. Simonsen

In a recent U.S. General Accountability Office (GAO) whistleblower protection program report, the GAO recommends that the Secretaries of Labor and Transportation evaluate their current and in-process memoranda of agreements (MOAs) to ensure that the MOAs incorporate key practices for collaboration. “Opportunities Exist for OSHA and DOT to Strengthen Collaborative Mechanisms
Continue Reading GAO Report on OSHA, DOT Whistleblower Issues

By Lauren J. Regis and Christopher F. Robertson

The Supreme Court ruled last week that the Sarbanes-Oxley Act’s whistleblower protection includes employees of a public company’s private contractors and subcontractors. Lawson v. FMR LLC et al., Case No. 12-3, 571 U.S. ___ (March 4, 2014).

Here is Lauren Regis and Christopher Robertson’s One Minute Memo on the opinion. They
Continue Reading Supreme Court Extends Whistleblower Protections to Employees at Private Firms

By James L. Curtis, Meagan Newman, and Craig B. Simonsen

OSHA just published its Procedures for Handling Retaliation Complaints Under Section 402 of the U.S. Food and Drug Administration (FDA) Food Safety Modernization Act79 Fed. Reg. 8619 (February 13, 2014).

The interim final regulations relate to the whistleblower provisions found at section 402 of the FDA Food
Continue Reading Procedures for OSHA Whistleblower Complaints Under the Food Safety Modernization Act

By James L. Curtis and Craig B. Simonsen

We had previously blogged about the Occupational Safety and Health Administration’s solicitation of public comments (78 Fed. Reg. 3918) on a proposal to provide an electronic submission form for employees to submit retaliation complaints.

Now, without any further rulemaking or other explanation concerning any comments that OSHA may have received,
Continue Reading OSHA “Launches Online Form” for Filing Whistleblower Complaints