OSHA Revamps How It Will Respond To Whistleblower Complaints

August 22, 2011

Earlier this month OSHA announced that it will restructure the agency’s Whistleblower Protection Program.  The changes come in response to a Government Accounting Office report that was critical of the way OSHA responded to whistleblower complaints (including inconsistent practices at the Regional level and the need for more training of inspectors).  In response, OSHA has revamped the program to include the following changes: (1) a requirement that investigators interview the complainant in all cases; (2) having the program report directly to the Assistant Secretary; (3) several new training initiatives (including a national whistleblower training conference in September which will be attended by all whistleblower investigators; and (4) issuing a new edition of the Whistleblower Investigations Manual that updates current procedures and includes information on the new laws enacted (the manual was last updated in 2003).

The agency has also made a $6.1 million budget request for fiscal year 2012 to add 45 new whistleblower investigators.  The significant backlog of cases in its system is a recurring criticism of OSHA’s program.  David Michaels, the Assistant Secretary for Occupational Safety and Health, announced that the agency has eliminated the backlog of 150+ appeals and that the changes just announced should make the initial complaint intake and case processing more efficient.