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
Tags: OSHA
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Photo of Steven J. Pearlman Steven J. Pearlman

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

Employment, Restrictive Covenant & Trade Secret, and Whistleblower…

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

Employment, Restrictive Covenant & Trade Secret, and Whistleblower Practice. Steven’s national practice focuses on defending companies in federal and state courts and in arbitration fora against the full spectrum of employment-related claims, including claims of executives; restrictive covenant violations; employee raiding; theft of trade secrets; whistleblower retaliation under the Sarbanes-Oxley Act, the Dodd-Frank Act and similar state laws; and wage-and-hour violations, including class, collective and PAGA actions.

Steven has successfully handled trials in multiple jurisdictions; prevailed in seeking and defending against applications for temporary restraining orders and preliminary injunctions; defended one of the largest Illinois-only class actions in the history of the federal courts in Illinois (over 90k putative class members); and prevailed following his oral arguments before federal and state appellate courts. He brings his litigation experience (beginning in 1998) to bear in counseling clients to minimize risk and avoid or prepare for success in litigation.

Investigations. Reporting to boards of directors, their audit committees, CEOs and in-house counsel, Steven conducts sensitive investigations and has the unusual experience of testifying in federal court in connection with investigations. 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.

Thought Leadership and Accolades. Steven was named 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 has reported:

  • Steven is “one of the best in the country and has a lot of experience”;
  • Steven is as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field”;
  • He is thoughtful, attentive and demonstrates an acute understanding of matters top of mind for business-minded general counsel; and
  • “He is someone who can navigate the twists and turns of litigation without difficulty.”

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 U.S. Library of Congress Burton Award Winner for “Distinguished Legal Writing.”

Steven was appointed to Law360’s Employment Editorial Advisory Board and selected as a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is often 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.

In 2024, Steven received the Excellence in Pro Bono Service Award from the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association.

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