OSHA Seeks Changes in Whistleblower Complaint Process

In the wake of an increase of whisteblower complaints, the Occupational Safety and Health Administration (OSHA) has revised its policies and procedures for such disputes.

Rather than using its internal program for handling whistleblower complaints, OSHA says it will use the Alternative Dispute Resolution (ADR) program, which is part of the U.S. Equal Employment Opportunity Commission (EEOC). Among the stipulations outlined in the ADR program include the opportunity for whisteblower parties -- both the whisteblower and the company for which he or she worked -- to handle disputed through a settlement negotiation with the assistance of neutral representative from OSHA.

So, what's OSHA's motive behind the implementation of the ADR program? In a recent press release, OSHA's Dr. David Michaels revealed that the organization receives "thousands" of whisteblower complaints each year. Whenever a complaint is made, OSHA must conduct an official investigation of the incident, which of course takes time, money and resources. Allowing whisteblower parties to negotiate settlements should lower the burden placed on OSHA, freeing up valuable resources that can be used for more attentive purposes.

"OSHA receives several thousand whistleblower complaints for investigation each year,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The Alternative Dispute Resolution process can be a valuable alternative to the expensive and time consuming process of an investigation and litigation. It will provide whistleblower complainants and respondents the option of exploring voluntary resolution of their disputes outside of the traditional investigative process.”

Surprisingly, though, this isn't the first time OSHA has tested the waters with the ADR programs. Reports indicate that the ADR program was launched as a pilot phase from October 2012 to September 2013, allowing OSHA officials to gauge its effectiveness. The pilot program was proven to be successful as assisting whisteblower parties in resolving their disputed, and thus, OSHA has proceeded to roll out the ADR program nationwide.

It's important to note that the new ADR program does not prohibit workers from filing whisteblower complaints, rather it allows them to seek resolution through settlements. The ADR program allows the whisteblower and entity to whom the complaint is made to negotiate a settlement with the assistance of a third-party representative from OSHA.

The newly revised policies and procedures on whistleblower complaints can be found at https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-03-006.pdf. The 16-page document reveals how whisteblower complaints can be made, and the way in which the new ADR program will affect them.