OSHA Testing Expedited Whistleblower Claims

The Occupational Safety and Health Administration (OSHA) is currently testing a pilot program in the Department of Labor's (DOL) western region that expedites the investigation of whistleblower claims.

As you may already know, OSHA prohibits employers from retaliating against workers for reporting safety violations. If a worker discovers a safety violation at his or her workplace, he can report that violation to OSHA without fear of being demoted or fired -- at least that's what OSHA's whistleblower protection laws are intended for. Unfortunately, some employers disregard this law, retaliating against workers for reporting such violations.

OSHA has acknowledged that its whistleblower investigations aren't fast. Rather, they can take weeks or even months before the investigation is even begun, and an even longer time to finish the process. In an effort to speed things up, OSHA has announced plans to test a new expedited whistleblower pilot program in the DOL's western region.

So, how does OSHA's new pilot program work? According to various sources online, the "Expedited Case Processing Pilot" allows workers to file a complaint while issuing findings for the Office of Administrative Law Judges. There are only specific circumstances in which the pilot program can be used, however. Furthermore, the ALJ may order the same enforcement action as OSHA, which may include one or more of the following:

• Punitive damages
• Compensatory damages
• Attorney fees
• Reinstatement

The general idea is that going straight to the ALJ will speed up the investigation times of whistleblower cases; thereby, protecting workers from retaliatory actions from their employers. After the worker files a claim, the ALJ will review it to determine the best course of action. As stated above, however, the ALJ may still offer the same enforcement actions as OSHA.

"The ultimate goal is to bring about quicker resolution for whistleblowers and their employers regarding claims of retaliation for reporting safety and other concerns on the job," said OSHA's Barbara Goto.

Of course, OSHA's expedited whistleblower investigation program is being launched as a pilot program, meaning officials are testing it to see whether or not it works. If it doesn't pan out, OSHA will likely scrap the program, either reverting back to the old format or trying something entirely new.