Don’t Blow It – OSHA Stats Show Increase in Whistleblower Claims | Practical Law

Don’t Blow It – OSHA Stats Show Increase in Whistleblower Claims | Practical Law

Retaliation claims are on the rise according to the Department of Labor’s Occupational Safety and Health Administration (OSHA), which enforces 22 separate federal whistleblower statutes. OSHA has issued updated statistics showing the number of whistleblower cases filed with the agency and their outcome. In light of the agency’s increase enforcement strategy, employers should take affirmative steps to prevent and manage these types of claims.

Don’t Blow It – OSHA Stats Show Increase in Whistleblower Claims

Practical Law Legal Update w-001-0324 (Approx. 4 pages)

Don’t Blow It – OSHA Stats Show Increase in Whistleblower Claims

by Practical Law Labor & Employment
Published on 09 Dec 2015 • USA (National/Federal)
Retaliation claims are on the rise according to the Department of Labor’s Occupational Safety and Health Administration (OSHA), which enforces 22 separate federal whistleblower statutes. OSHA has issued updated statistics showing the number of whistleblower cases filed with the agency and their outcome. In light of the agency’s increase enforcement strategy, employers should take affirmative steps to prevent and manage these types of claims.
According to the updated statistics, OSHA:
  • Received 3,288 whistleblower complaints in 2015, which represents a 6% increase from complaints filed in 2014.
  • Completed 3,273 cases, which represents a 4% increase from those completed in 2014.
  • Reported that out of 3,337 determinations, 798 settled and 45 had merit (approximately 25%).
  • Reported that the Sarbanes-Oxley Act of 2002 (SOX) claims, 156, made up 5% of the total number of cases received. This represents a 7% increase from 146 cases filed under SOX in 2014.
Employers most commonly face whistleblower claims stemming from the protections provided by the Occupational Safety and Health Act (OSH Act), SOX and the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), and the Affordable Care Act (ACA).
The OSH Act is a comprehensive federal statute designed to regulate employment conditions relating to occupational safety and health and to achieve safer and more healthful workplaces (29 U.S.C. §§ 651-678; 29 C.F.R. § 1977.1(a)). Under the OSH Act, every person engaged in a business affecting commerce must:
  • Furnish each employee a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm.
  • Comply with occupational safety and health standards under the OSH Act.
(29 C.F.R. § 1977.1(a).)
Section 806 of SOX (18 U.S.C. § 1514A) sets out significant whistleblower protections under the statute (see OSHA: Section 806). It protects employees who report or participate in proceedings involving certain corporate wrongdoing. The protections provided to employees under SOX were expanded when President Barack Obama signed into law the Dodd-Frank Act on July 21, 2010.
The ACA amended the Fair Labor Standards Act to prevent employers from retaliating against employees for:
  • Receiving a subsidy or tax credit related to the ACA's health insurance exchanges.
  • Reporting potential violations of Title I of the ACA.
(29 U.S.C. § 218c.)
Practical Law has several resources to help employers prevent and address whistleblower claims under these federal statutes:
For information about state-specific whistleblower laws, see Practice Note, State Whistleblower Laws: Beyond Federal Protections.