OSHA and Whistleblowers
Last week, I called out the Occupational Safety and Health Administration for its failure to seriously consider whether the National Football League is violating the Occupational Safety and Health Act. Based on a recent article in the Washington Post, no one should hold his breath until OSHA investigates the NFL. The agency is way behind with other duties it’s supposed to perform.
One such duty is investigating whistleblowing claims and protecting the employees who make them. OSHA is charged with enforcing 18 whistleblower laws. According to a recent report from the Government Accountability Office, OSHA has failed for decades to discharge its whistleblowing responsibilities. I have previously blogged about how difficult it is for employees to be whistleblowers. (Here and here.) If government agencies aren’t protecting them, there’s almost no chance for whistleblowing to work like it should.
OSHA’s defense is a “lack of resources.” And that may well hold water. I don’t know how many investigators would be required for OSHA to enforce 18 whistleblowing laws and do the other work with which it is charged, but I’m convinced it would take a lot more than the agency has. This year, OSHA has hired 25 new investigators this year. That’s a start, but just a start.
As I’ve noted before on this blog, employers should welcome whistleblowing. Think of what possibly would have been avoided recently (West Virginia mine disaster, BP, financial meltdown) if whistleblowers had come forward, and employers had listened to them. There’s no question that some whistleblowers are mere troublemakers and have no legal basis for blowing the whistle. That’s worth the benefit employers receive from genuine whistleblowers.
Employees fear retaliation. They’ve seen it before. In today’s economy, it takes a brave person to blow the whistle. That’s even more reason for OSHA to get its act together — for the sake of employees and employers.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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Good Information. Thanks
Job,
Thanks very much for your comment.
John