On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to management.
Co-Chair Connie Bertram Participates in ABA Panel Concerning OSHA Whistleblower Actions with Solicitor of Labor M. Patricia Smith
On September 18, 2014, the ABA’s Labor & Employment Law Section sponsored a program called “SOX, OSHA and Beyond: Litigating Whistleblower Claims at the DOL.” M. Patricia Smith, Solicitor of the Department of Labor, Connie N. Bertram, Partner and Co-Chair of the Proskauer Whistleblower Group, and Jason Zuckerman of Zuckerman Law participate in the program’s panel. The panelists discussed DOL’s recently-expanded Whistleblower Protection Program and offered practical insights on litigating claims before OSHA, including whistleblower’s right to remove and use confidential company documents to attempt to support their claims and considerations involved in deciding whether to invoke the “kick out” provisions available under a number of the whistleblower laws administered by OSHA.
OSHA Orders Company to Pay SOX Whistleblower Back Wages
According to its recent press release, OSHA issued a preliminary order requiring SpongeTech Delivery Systems, Inc. of New York (Company), a cleaning product company, to pay a complainant $31,835.33 in back wages based on its determination that she was retaliated against in violation of Section 806 of SOX. Complainant apparently
Another Bite At the Apple? OSHA to Notify Untimely OSH Act Whistleblowers of Potential NLRB Claims
The NLRB Office of the General Counsel recently issued a memorandum stating that the NLRB entered into a “referral agreement” with OSHA, which requires OSHA to inform whistleblowers that certain untimely filed retaliation claims may be actionable and timely referred to the NLRB.
Assistant Secretary of Labor for Occupational Safety and Health Asks Congress to Increase OSH Act Whistleblower Statute of Limitations
On April 29, 2014, David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, testified before the U.S. Senate subcommittee of the Committee on Health, Education, Labor and Pensions regarding proposed changes to the Occupational Safety and Health Act of 1970 (“OSH Act”) whistleblower provision. After highlighting some the recent changes in the OSHA whistleblowing programs, including the development of online complaint filing processes (as discussed in an earlier blog post) and a staffing increase, Assistant Secretary Michaels urged legislators to consider increasing the statute of limitations for filing a whistleblower complaint under the OSH Act.
Senators Grassley, Alexander Question Effectiveness of DOL’s Whistleblower Protection Program
As reported by the Wall Street Journal, Risk and Compliance Journal, on April 29, Senators Chuck Grassley (R-Iowa) and Lamar Alexander (R-Tenn) sent a letter to OSHA questioning the effectiveness of OSHA’s Whistleblower Protection Program (“WPP”). Considering this in context, it should be noted that in 2009 and 2010, two governmental “watchdogs” released reports critical of the WPP’s effectiveness. Since that time, it has been reported that OSHA, which administers the program, has been overhauling the WPP. Senators Grassley and Alexander, however, have concerns.
OSHA Releases Interim Dodd-Frank Whistleblower Regulations
OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling Dodd-Frank whistleblower complaints, including the procedures for filing a complaint with OSHA, OSHA’s investigation of the complaint, issuance of a decision and order, and appeals. OSHA is accepting comments on the interim final regulations until June 2, 2014.
OSHA Issues Substantial Award To SOX Whistleblower Claiming “Blacklisting”
According to a news release from OSHA, OSHA recently ordered DISH Network (the “Company”) to pay a former employee over $257,000 in back wages and compensatory damages, plus reasonable attorneys’ fees, and to expunge his employment record after it determined that the Company violated Section 806 of SOX.
Webinar With Leaders From SEC, CFTC and OSHA Whistleblower Programs, Proskauer and Plaintiff-Side Attorney
On April 30, at 12:00 – 1:30 Central, Proskauer will participate in a webinar through BNA with leaders from the SEC, CTFC and OSHA whistleblower programs and a plaintiffs’-side whistleblower attorney. The webinar will focus on cutting-edge developments in the Sarbanes-Oxley and Dodd-Frank whistleblower arenas. The program, which will
OSHA Issues New Whistleblower Rule Under Food Safety Modernization Act
The Occupational Safety and Health Administration (OSHA) has published an interim final rule implementing the whistleblower provision of the Food Safety Modernization Act (FSMA or the “Act”). The interim final rule became effective Thursday, February 13, 2014. Comments on the rule are due by April 14, 2014.