In the last blog, we took a look data showing a decrease in OSHA workplace safety and health inspections in 2016. Although this may be true for safety and health inspections, it is certainly not for whistle-blower investigations which continue to rise. Some may not be aware that OSHA enforces and investigates claims under 22 different federal whistleblowing laws including, among others, Section 11(c) of the OSH Act, the Safe Drinking Water Act, Sarbanes-Oxley, the Surface Transportation Assistance Act and the Consumer Financial Protection Act of 2010.
OSHA continues to be very active in whistle-blowing prosecution including anti-retaliation cases. Some of these activities include the following press releases:
- January 14, 2017 – OSHA issues recommended practices to promote workplace anti-retaliation programs
- December 14, 2016 – OSHA issues final rule establishing procedures for handling retaliation complaints from workers in the automotive industry
- October 12, 2016 – OSHA issues final rule establishing procedures for handling retaliation complaints under the Affordable Care Act
- September 16, 2016 – OSHA issues final rule establishing procedures for handling retaliation complaints under the Seaman’s Protection Act
- September 15, 2016 – OSHA issues new guidance in settlement approval in whistleblower cases
- August 16, 2016 – OSHA pilots new, expedited whistleblower review process
- April 18, 2016 – OSHA issues final rule establishing procedures for handling retaliation complaints under the Food Safety Modernization Act
OSHA’s website also shows aggressive prosecution of retaliation cases affecting many different industries.
There are lot of questions about how the Trump administration will affect OSHA in the next four years including who will lead the agency. The President has already implemented a federal hiring freeze although there are some exceptions built into the mandate. However, it is probably a safe bet to assume we probably will not see an increase in OSHA enforcement and most likely a shift from enforcement to compliance assistance as federal budgets will likely shrink.