Whistleblower Protections

The Labor Department (DOL) is outlining a process for workers to seek formal “statements of interest” asking the Department of Homeland Security (DHS) not to enforce immigration laws against workers dealing with alleged OSHA standard violations or other “labor disputes” who fear retaliatory deportations or other penalties for whistleblowing.

OSHA officials used a recent whistleblower stakeholder meeting targeting the healthcare sector to tout what they said has been a major expansion of the program’s enforcement staff and resources during the Biden administration, even as speakers from labor and safety groups urged officials to pursue much more aggressive policy reforms.

OSHA is issuing an interim final rule establishing new procedures for how it will investigate complaints of retaliation against whistleblowers who disclose information or assist in investigations of their employers’ allegedly illegal tax-related conduct, the first in a series of planned rulemakings to bolster protections for whistleblowers.

Whistleblower protection groups are asking OSHA to take new steps to help undocumented workers report safety violations and seek protection from unlawful retaliation following a Department of Homeland Security (DHS) memo ending immigration agencies’ practice of raiding work site to make mass arrests.

OSHA has reworked a long-standing “interpretive rule” to specify that proving whistleblower retaliation requires showing that protected activity was the “but-for” cause of an employer’s discriminatory action, based on several recent Supreme Court decisions the agency had already incorporated into less-formal guidance.

The Department of Labor (DOL) is suing a New York healthcare center over allegations that it fired a whistleblower who raised alarms over potential COVID-19 exposures at the business -- the first time it has announced opening a lawsuit over whistleblower claims related to the pandemic.

OSHA has announced its first whistleblower stakeholder meeting under the Biden administration, giving unions, worker safety groups and others a fresh venue to advance calls for dramatically strengthening the agency’s program that protects employees from retaliations for reporting violations of workplace safety rules.

OSHA is expanding its whistleblower protection program under new statutory authority created in two laws enacted at the end of the Trump administration, including a statute that expanded prohibitions on money laundering and another that created a new anti-retaliation protection for antitrust cases.

Speakers at an Oct. 13 OSHA stakeholder meeting on its whistleblower program urged the agency to bolster outreach to employers and workers alike on how it operates, rework several of its rules on the subject and bolster its resources as complaints related to the COVID-19 pandemic continue to swell.

The House has approved its fiscal year 2021 budget for OSHA with amendments that would boost the agency’s whistleblower programs and require issuance of a binding workplace standard for COVID-19, setting up an eventual clash with the Senate although that chamber has yet to release its own slate of funding bills.