In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on recently released statistics showing a substantial uptick in both the number of whistleblower cases filed with OSHA as well as the number of OSHA determinations. Our post discussing these statistics can be accessed here.Pearlman cautions that:
Employers need to understand that whistleblower complaints are not just some theoretical risk. … They are a practical reality. They’re here to stay, and these numbers show they’re increasing.
Pearlman notes his firsthand observations that OSHA continues to vigorously push its whistleblower protection agenda. Given OSHA’s robust enforcement strategy, employers should brace for more whistleblower retaliation claims in the coming year and take the necessary measures to avoid costly and disruptive litigation.