An updated Whistleblower Investigations Manual has been issued by the Occupational Safety and Health Administration (OSHA). The new manual includes updated guidance for OSHA's handling of retaliation complaints under the whistleblower provisions of 21 statutes.
On September 20, 2011, the Occupational Safety and Health Administration (OSHA) issued a directive updating the OSHA Whistleblower Investigations Manual. The manual outlines procedures for the intake and investigation of retaliation complaints under the whistleblower provisions of federal statutes enforced by OSHA, including the Sarbanes-Oxley Act (SOX) under the amendments to the Dodd-Frank Act.
The previous version of the Whistleblower Investigations Manual, dated August 22, 2003, provided guidance for investigating complaints of retaliation under 14 whistleblower statutes. OSHA now has the responsibility for enforcing 21 whistleblower statutes, each with a distinct procedure for case processing and investigation. Updated information in the Manual includes:
Clarifying that complaints may be made in English or any other language either:
orally;
in writing; or
online via OSHA's Whistleblower Protection Program website.
Adding covered respondents under SOX to include credit rating agencies or Nationally Recognized Statistical Rating Organizations (NRSROs), including its:
officers;
employees;
contractors;
subcontractors; and
agents.
Requiring review of OSHA’s findings in all merit determinations and certain significant dismissals, before they are issued, to ensure consistency and alert the Office of the Whistleblower Protection Program (OWPP) of any unusual issues, including in cases involving:
complex coverage issues;
extraterritoriality; or
significant media attention.
Requiring proposed merit SOX Findings and significant dismissals be: