OSHA announced its new interim final rules for filing whistleblower complaints and invited the public to submit comments. In a news release, OSHA stated: “When workers believe their employers are violating certain laws or government regulations, they have the right to file a complaint and should not fear retaliation. Silenced workers are not safe workers,” [...]
Entries Tagged as 'OSHA Whistleblower Protection Program'
OSHA Publishes Interim Final Rules For Filing Whistleblower Complaints
September 2nd, 2010 · No Comments
Tags: OSHA Whistleblower Protection Program
Dodd-Frank Bill Provides Robust Whistleblower Protections
July 15th, 2010 · No Comments
Recognizing that robust whistleblower protection is critical to preventing another financial crisis, Congress included in the Dodd-Frank financial services reform bill (H.R. 4173) numerous provisions designed to encourage whistleblowing and to provide robust protection from retaliation. These provisions create monetary awards for whistleblowers who provide original information to the SEC or CFTC, strengthen the whistleblower [...]
Tags: False Claims Act · Federal Whistleblower Legislation · OSHA Whistleblower Protection Program · Retaliation · Sarbanes-Oxley
New Legislation Drafted to Increase Mine Safety Following Death of 29 Miners at Upper Big Branch Mine
July 12th, 2010 · No Comments
On June 29, 2010, a discussion draft of new federal legislation to increase mine safety was released. The legislation, introduced by Senators Harkin, Murray, and Rockefeller is intended to “improve compliance with mine and occupational safety and health laws, empower workers to raise safety concerns, prevent future mine and other workplace tragedies, [and] establish rights [...]
Tags: Federal Whistleblower Legislation · OSHA Whistleblower Protection Program
OSHA Finds for Railway Worker Whistleblower, Awards Punitive Damages
June 9th, 2010 · No Comments
On May 20, 2010, OSHA ordered CSX Transportation, Inc. to rescind disciplinary actions and pay a whistleblower $5,000 in punitive damages. According to OSHA, CSX violated the Federal Rail Safety Act when it disciplined the employee for repeatedly reporting safety concerns to management. The employment attorneys at The Employment Law Group® law firm have experience [...]
Tags: Federal Rail Safety Act · OSHA Whistleblower Protection Program
OSHA Orders Worldwide Jet Charter to Reinstate Pilot Fired for Whistleblowing
June 8th, 2010 · No Comments
On May 5, 2010, OSHA ordered Worldwide Jet Charter LLC to reinstate a pilot discharged for reporting alleged violations of FAA regulations. The order requires the employer reimburse the pilot for lost wages and pay compensatory damages of more than $21,000 and attorney’s fees of $24,610. Under the Wendell H. Ford aviation Investment and Reform [...]
Tags: AIR21 · OSHA Whistleblower Protection Program
Health Care Reform Bill Creates New Whistleblower Protections
March 23rd, 2010 · No Comments
The Patient Protection and Affordable Care Act of 2009 (H.R. 3590) that the House approved on March 21, 2010, creates new whistleblower protections for health care workers and strengthens the coverage of the False Claims Act. The following is a summary of these provisions and the text of the relevant sections is available here. Section [...]
Tags: Federal Whistleblower Legislation · OSHA Whistleblower Protection Program · Retaliation
ALJ Order Expands Joint Employer Liability Under the Surface Transportation Assistance Act
March 23rd, 2010 · No Comments
On March 11, 2010, Administrative Law Judge Rae issued an order holding that an agreement which provides a joint employer with the ability to accept or cancel the assignment of a leased employee may be sufficient to establish liability under the Surface Transportation Assistance Act (STAA). In Myers v. AMS Staff Leasing, the respondent contracted [...]
Tags: OSHA Whistleblower Protection Program · Surface Transportation Assistance Act
ALJ Awards Trucker Punitive Damages After Being Fired for Refusing to Drive in Dangerous Conditions
March 23rd, 2010 · No Comments
On March 15, 2010, Administrative Law Judge Daniel Leland awarded Cynthia Ferguson over $151,000 including $75,000 in punitive damages, holding that she was terminated in retaliation for refusing to drive in hazardous conditions. On a cross country trip, Ferguson encountered extremely inclement weather approaching Donner Pass in the Sierra Nevada Mountains. Ferguson observed a truck [...]
Tags: OSHA Whistleblower Protection Program · Retaliation · Surface Transportation Assistance Act
The Employment Law Group® Principal Jason Zuckerman Quoted by Public Health Blog
March 15th, 2010 · No Comments
On March 11, 2010, The Pump Handle, a blog focused on public health and environmental issues, quoted The Employment Law Group® law firm Principal Jason Zuckerman in a blog post entitled “Wherever I look, whistleblower issues abound.” The post discusses the urgency of reforming OSHA’s Whistleblower Protection Program and cites Mr. Zuckerman’s comments at a [...]
Tags: OSHA Whistleblower Protection Program · The Employment Law Group, P.C.
The Employment Law Group® Law Firm Principal Jason Zuckerman Quoted in Article about Impact of Obama’s 2011 Budget on Employment Law
February 24th, 2010 · No Comments
In an article titled, “Labor Issues Loom Large,” Human Resource Executive Online reports on the potential impact of President Obama’s 2011 budget on the enforcement of employment laws. The article discusses the potential impact of Congress providing OSHA with additional funding for investigations and enforcement. While employment practitioners speculate that increased OSHA enforcement will have [...]
Tags: OSHA Whistleblower Protection Program · Public Employee Whistleblower Protection · The Employment Law Group, P.C.
GAO Report Reveals Lack of Oversight in DOL Whistleblower Protection Program
March 4th, 2009 · No Comments
A report released by the Government Accountability Office (“GAO”) reveals that the Department of Labor’s (“DOL”) Occupational Safety and Health Administration (“OSHA”) lacks adequate resources for processing whistleblower complaints. As a result, many whistleblower complaints are not investigated, while others fail to be recorded in OSHA’s database. According to GAO auditors, nearly half of the whistleblower [...]