OSHA Launches Alternative Dispute Resolution Pilot Program for Whistleblower Complaints | Practical Law

OSHA Launches Alternative Dispute Resolution Pilot Program for Whistleblower Complaints | Practical Law

The US Department of Labor's Occupational Safety and Health Administration (OSHA) announced the launch of a pilot alternative dispute resolution (ADR) program for whistleblower complaints filed with its Whistleblower Protection Program.

OSHA Launches Alternative Dispute Resolution Pilot Program for Whistleblower Complaints

by PLC Labor & Employment
Published on 03 Oct 2012 • USA (National/Federal)
The US Department of Labor's Occupational Safety and Health Administration (OSHA) announced the launch of a pilot alternative dispute resolution (ADR) program for whistleblower complaints filed with its Whistleblower Protection Program.
On October 2, 2012, OSHA announced the launch of an alternative dispute resolution pilot program for whistleblower complaints filed with OSHA's Whistleblower Protection Program. Under the pilot program, when a whistleblower complaint is filed the parties may elect to use, at no charge:
  • Early resolution, under which the parties try to settle the whistleblower complaint before OSHA launches an investigation with the help of an OSHA regional ADR coordinator. If the parties fail to enter into a settlement agreement within a specified period of time, the case is assigned to an OSHA investigator to investigate the complaint.
  • Mediation, under which the parties agree to use a neutral third party to resolve the dispute after OSHA has launched an investigation. The investigation is stayed pending the mediation and any information obtained during mediation is confidential and cannot be disclosed to OSHA.
The pilot program lasts for one year. Two OSHA regions will participate in the pilot: Region 5, which covers federal OSHA whistleblower investigations in Illinois, Indiana, Michigan, Minnesota, Wisconsin and Ohio, and Region 9, which covers the same investigations in Arizona, California, Hawaii, Nevada and various Pacific Islands. Each region may conduct up to 15 mediation sessions and offer unlimited early resolution during the pilot period.