oshaOn January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs.  OSHA’s guidance provides examples and suggestions of steps companies can take to implement an effective anti-retaliation program.  However, it does not interpret whistleblower statutes or create legal obligations.

OSHA identifies five elements key to effective anti-retaliation programs:

  1. Management leadership, commitment and accountability;
  2. System for listening to and resolving employees’ safety and compliance concerns;
  3. System for receiving and responding to reports of retaliation;
  4. Anti-retaliation training for employees and managers; and
  5. Program oversight.

According to OSHA, companies should take steps to ensure that systems for reporting concerns and retaliation are implemented and enforced. These systems should also evaluate and track employees’ willingness to report concerns.  OSHA recommends that companies establish multiple complaint reporting channels, such as confidential and anonymous helplines, email boxes or dedicated websites, and institute open door policies.  Reporting channels should protect the confidentiality and anonymity of employees who report concerns.  In addition, once a complaint is received, an effective anti-retaliation program should strive for a prompt and fair resolution.  OSHA suggests the use of an independent neutral investigator to review, respond to, promptly investigate and resolve complaints whenever possible.

OSHA also recommends tailoring employee training and company policies to address whistleblower laws and regulations as part of an effective anti-retaliation program. Trainings should include information on employee rights under whistleblower laws and regulations, an explanation of the company’s anti-retaliation program and an explanation of what constitutes retaliation.  Further, OSHA’s guidance explains that once a program is in place, employers should maintain oversight of the program performance and improve or modify as needed based on regular performance monitoring and audits.

 

Posted in OSHA Administration
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Photo of Steven J. Pearlman Steven J. Pearlman

Steven J. Pearlman is a partner in the Labor & Employment Law Department and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Steven’s practice covers the full spectrum of employment law, with a particular…

Steven J. Pearlman is a partner in the Labor & Employment Law Department and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Steven’s practice covers the full spectrum of employment law, with a particular focus on defending companies against claims of employment discrimination, retaliation and harassment; whistleblower retaliation; restrictive covenant violations; theft of trade secrets; and wage-and-hour violations. He has successfully tried cases in multiple jurisdictions, and defended one of the largest Illinois-only class actions in the history of the U.S. District Court for the Northern District of Illinois. He also secured one of only a few ex parte seizures orders that have been issued under the Defend Trade Secrets Act, and obtained a world-wide injunction in federal litigation against a high-level executive who jumped ship to a competitor.

Reporting to boards of directors, their audit committees, CEOs and in-house counsel, Steven conducts sensitive investigations and has testified in federal court. His investigations have involved complaints of sexual harassment involving C-suite officers; systemic violations of employment laws and company policies; and fraud, compliance failures and unethical conduct.

Steven was recognized as Lawyer of the Year for Chicago Labor & Employment Litigation in the 2023 edition of The Best Lawyers in America. He is a Fellow of the College of Labor and Employment Lawyers.  Chambers describes Steven as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field.” Steven was 1 of 12 individuals selected by Compliance Week as a “Top Mind.” Earlier in his career, he was 1 of 5 U.S. lawyers selected by Law360 as a “Rising Star Under 40” in the area of employment law and 1 of “40 Illinois Attorneys Under Forty to Watch” selected by Law Bulletin Publishing Company. Steven is a Burton Award Winner (U.S. Library of Congress) for “Distinguished Legal Writing.”

Steven has served on Law360’s Employment Editorial Advisory Board and is a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is regularly quoted in leading publications such as The Wall Street Journal.

The U.S. Chamber of Commerce has engaged Steven to serve as lead counsel on amicus briefs to the U.S. Supreme Court and federal circuit courts of appeal. He was appointed to serve as a Special Assistant Attorney General for the State of Illinois in employment litigation matters. He has presented with the Solicitor of the DOL, the Acting Chair of the EEOC, an EEOC Commissioner, Legal Counsel to the EEOC and heads of the SEC, CFTC and OSHA whistleblower programs. He is also a member of the Sedona Conference, focusing on trade secret matters.

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