Whistleblowing has been increasing over the last five years. According to the US Department of labor complaints increased from 7,408 in 2014 to 9,566 complaints in 2018. OSHA opened full investigations into 3,007 of those 2018 complaints. Further research showed that companies who are found guilty of the actions brought by the whistleblower can be responsible for millions of dollars in fines and settlement fees.

Understanding and implementing Occupational Safety and Health Administration (OSHA) rules and guidelines is an important job for all employers. Smaller companies most likely have the luxury of a hands-on owner who can make sure that complaints are managed properly, and positive action taken. Larger companies rely on managers and supervisions, making the creation of a documented whistleblower processes vital.

OSHA enforces the provisions of more than 20 federal laws protecting employees from retaliation for raising or reporting concerns about hazards or violations of various workplace safety and health laws.

The following is a list of statutes that OSHA has jurisdiction:

• Asbestos Hazard Emergency Response Act
• Clean Air Act
• Comprehensive Environmental Response, Compensation and Liability Act
• Consumer Financial Protection Act of 2010
• Consumer Product Safety Improvement Act
• Energy Reorganization Act
• Federal Railroad Safety Act
• Federal Water Pollution Control Act
• International Safe Container Act
• Moving Ahead for Progress in the 21st Century Act (motor vehicle safety)
• National Transit Systems Security Act
• Occupational Safety and Health Act (OSH Act)
• Pipeline Safety Improvement Act
• Safe Drinking Water Act
• Sarbanes-Oxley Act
• Seaman’s Protection Act
• Section 402 of the FDA Food Safety Modernization Act
• Section 1558 of the Affordable Care Act
• Solid Waste Disposal Act
• Surface Transportation Assistance Act
• Toxic Substances Control Act
• Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

Build a better communication process

The key to avoiding an OSHA whistleblower complaint is to build a safe process for employees to voice their concerns about the workplace environment. Listed below is information on how to provide a better workplace for employee communication.

1. Provide employees multiple outlets for reporting compliance concerns
2. Protect the confidentiality or anonymity of employees who report their concerns
3. Actively communicate the channels that are available to employees who want to report workplace concerns
4. Do not restrict any employee’s right to make a formal whistleblower claim with the government or oversight agency.
5. Secure an independent investigator who reviews the complaint transparently and responds to the employee who brought the initial complaint
6. Managers and supervisors must quickly follow-up in a professional manner after receiving a report of concern
7. Protect the rights of the person issuing the concern
8. Follow through on employee concerns, even if they appear to be trivial.
9. Do not punish (retaliate against) employees for reporting concerns
10. Provide training and communication on whistleblower rights
11. Employment agreements or policies should not prohibit or discourage employees from reporting or taking the steps necessary to report workplace concerns to any governmental agency

While the above list is not a magic bullet in keeping a company from whistleblower complaints, it does highlight good business practices. By allowing honest communication without the fear of reprisal employees are allowed to bring awareness to a potential problem before it becomes a much larger legal issue.

Need advice with a specific workplace safety challenge? Ask BlackHawk. Our trained experts and supplier contacts will find the right solution for your situation. We’re here to help.