| Whistleblower is a general term used to refer to | | | | • Testify in any proceeding related to an OSHA |
| anyone who calls attention to violations of any law | | | | protection |
| by his or her employer. Because the government | | | | Even if a complaint, inspection, or proceeding |
| wants to encourage employees to come forward | | | | following therefrom leads to a censuring of the |
| with this information, it has created protections for | | | | employer, the employer is forbidden from engaging in |
| whistleblowers that are designed to prevent | | | | reprisals against employees. If an employee suffers a |
| retaliation against them by their employers. | | | | reprisal, he or she can file a complaint with OSHA to |
| Types of Whistleblowers | | | | receive rectification. The amount of time allowed for |
| There are two major categories of whistleblowers, | | | | such a complaint varies depending on the relevant |
| distinguished by the type of complaint they bring | | | | act, listed here: |
| against their employer. One type of whistleblower | | | | 30 Days for: |
| case, known as a qui tam case, is reported under the | | | | • Occupational Safety and Health Act |
| Federal False Claims Act (FFCA), while the other is | | | | • Clean Air Act |
| filed under a number of different laws, all of which | | | | • Comprehensive Environmental Response, |
| are administered and protected by the Occupational | | | | Compensation and Liability Act |
| Safety and Health Administration (OSHA)’s | | | | • Federal Water Pollution Control Act |
| Office of the Whistleblower Protection Program | | | | • Safe Drinking Water Act |
| (OWPP). | | | | • Solid Waste Disposal Act |
| Qui Tam | | | | • Toxic Substances Control Act |
| Qui tam cases are filed when an employee reports | | | | 60 Days for: |
| that an employer is defrauding the government. | | | | • International Safe Carrier Act |
| Estimates have concluded that fraud against the | | | | 90 Days for: |
| government comprises as much as 5 percent of the | | | | • Asbestos Hazard Emergency Response Act |
| yearly federal budget, or about $150 billion for fiscal | | | | • Sarbanes-Oxley Act |
| year 2008.To counteract this fraud, the government | | | | • Wendell H. Ford Aviation Investment and |
| is encouraging employees to come forward with | | | | Reform Act for the 21st Century |
| reports of fraudulent employer practices including, but | | | | 180 Days for: |
| not limited to: | | | | • Surface Transportation Assistance Act |
| • Work not completed | | | | • Federal Rail Safety Act |
| • More hours of labor than utilized | | | | • National Transit Systems Security Act |
| • Material not used | | | | • Energy Reorganization Act |
| • Goods not delivered | | | | • Pipeline Safety Improvement Act |
| • Securities fraud | | | | In all cases, complaints may be made in writing, but |
| • Fraudulent billing of Medicare or the military | | | | for reprisals under the Occupational Safety and |
| To encourage employees to come forward with | | | | Health Act, the Surface Transportation Assistance |
| information of this type, the FFCA allows for | | | | Act, the Asbestos Hazard Emergency Response Act, |
| whistleblowers to receive a portion (as much as | | | | the International Safe Container Act, the Federal Rail |
| 30%) of the recovered money, in addition to | | | | Safety Act, and the National Transit Systems |
| protections similar to those offered to other | | | | Security Act, complaints may also be made by |
| whistleblowers | | | | telephone. |
| OSHA-Administered Whistleblower Claims | | | | Extent of Protections |
| OSHA administers whistleblower claims against | | | | Under all the listed acts, employers are forbidden |
| employers and the corresponding protections | | | | from taking any form of reprisal against employees |
| afforded under 16 federal statutes. These claims in | | | | for reporting violations, including, but not limited to: |
| general are aimed not at fraudulent actions as are | | | | • Termination |
| the qui tam-type claims, but are aimed at unsafe | | | | • Blacklisting |
| practices that can put employees at risk for industrial | | | | • Demotion |
| accidents or construction accidents or can endanger | | | | • Denying overtime or promotion |
| the public, with the qualification that aid rendered | | | | • Denial of benefits |
| under the Sarbanes-Oxley Act of 2002, the | | | | • Failure to hire or rehire |
| Corporate and Criminal Fraud Accountability Act, is | | | | • Intimidation |
| protected because the financial practices of | | | | • Reassignment that affects pay, benefits, or |
| investigated companies endanger the financial | | | | prospects for promotion |
| well-being of large sectors of the population, such as | | | | • Reduction of pay or hours |
| those affected by the Enron collapse. OSHA inherited | | | | • Or any other disciplinary action |
| this responsibility because the Occupational Safety | | | | If you believe you have suffered a reprisal from your |
| and Health Act of 1970, which created OSHA, both | | | | employer, contact OSHA or the United States |
| preceded and provided the model for many of the | | | | Attorney’s Office that handled your case, and |
| other acts. In particular, section 11 of the | | | | you can receive, according to OSHA’s language, |
| Occupational Safety and Health Act guarantees | | | | “an order requiring the employer to reinstate the |
| employees the right to | | | | employee, pay back wages, restore benefits and |
| • File a complaint with OSHA | | | | other possible remedies to make the employee |
| • Seek an OSHA inspection | | | | whole. |
| • Participate in an OSHA inspection | | | | |