Whistleblower Protection Programs and Major Updates
Explore the latest updates in Whistleblower Protection Programs, including new manuals, database transitions, statutory desk aids, and review directives for complainants. Understand the diverse industries covered by whistleblower statutes enforced by OSHA. Stay informed about the significant changes implemented to enhance whistleblower investigations and protection programs.
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Presentation Transcript
Whistleblower Protection Programs NACOSH September 13, 2022 Occupational Safety and Health Administration Directorate of Whistleblower Protection Programs Lee Martin, Director
The Whistleblower Statutes Cover a Variety of Industries and Services OSHA enforces25 whistleblower statutes covering the following subject areas: Private sector workplace health and safety; Environmental and nuclear protection; Transportation services; Fraud and financial issues; Consumer product, motor vehicle, & food safety; and Health insurance reform.
Whistleblower Protection Programs Major Program Updates New Whistleblower Investigations Manual (WIM) Database Transition from OITSS-WB to OIS Section 11(c) Requests for Review (RFR) Directive New Statute Specific Desk Aids Issued Revising the WB Online Complaint Form COVID data updates Regulatory Agenda WB Items Website and outreach materials
Whistleblower Protection Programs Whistleblower Investigations Manual (WIM) Issued July 22, 2022*. Streamlined document/processes Includes new policies and process and incorporates existing polices from other documents
Whistleblower Protection Programs OITSS-WB Transition to OIS Took effect June 27, 2022 Working on merging data Safety enforcement and whistleblower are now using the same database
Whistleblower Protection Programs Section 11(c) Request for Review (RFR) Program Directive Provides complainants whose section 11(c) complaints have been dismissed by a Regional Administrator (RA) with the right to request review of the dismissal by DWPP (the request for review (RFR) process) Updates the 2012 Appeals Program Directive In final clearance
Whistleblower Protection Programs New Statute-Specific Desk Aids Issued Energy Reorganization Act (ERA) Desk Aid Six Environmental Statutes (CAA, CERCLA, FWPCA, SDWA, SWDA, TSCA) Desk Aid Pipeline Safety Improvement Act (PSIA) Desk Aid Desk Aids Remaining: TFA, CAARA, AMLA, update ACA (slated for FY 2023)
Whistleblower Protection Programs Federal WB Online Complaint Form Workgroup working on updates/revisions Allow for automatic transfer to more relevant agency to process (e.g., EEOC, WHD, OSC, NLRB, etc.) Considering an automatic transfer to State Plan States while preserving dual-filing rights (for federal review purposes) Also revising print and submit buttons
Whistleblower Protection Programs COVID-19 Response Weekly posting of COVID-related complaint data: https://www.whistleblowers.gov/covid-19-data Includes State Plan data Monthly posting of COVID-related complaints: https://www.osha.gov/foia (federal data only)
WPP COVID-19 Data Whistleblower Complaints Filed - Federal (totals to date*)- Whistleblower Complaints Filed - State Plans (totals to date) *Includes all COVID-19-related complaints, with data counts beginning February 18, 2020
Whistleblower Protection Programs WPP Regulatory Agenda: Anti-Money Laundering Act (AMLA) (Jan. 2, 2021) Working on Interim Final Rule (IFR) Criminal Antitrust Anti-Retaliation Act (CAARA) (Dec. 23, 2020) Working on Interim Final Rule (IFR) Taxpayer First Act (TFA) Published IFR March 7, 2022: 29 CFR Part 1989 Working on Final Rule (FR) General Clean-Up Rule (ALJ statutes) To create consistency among the various statutes Working on Interim Final Rule (IFR)
Whistleblower Protection Programs Over 40 new field investigators have been hired in the past year DWPP has hired three new staff in the past year and is in the process of hiring three more
Website Update New page on protection for refusal to perform tasks (i.e. work refusals) DOL whistleblower page Updated statute summary chart
Outreach Materials Published New Fact Sheets Asbestos Hazard Emergency Response Act (AHERA) Fact Sheet Anti-Money Laundering Act (AMLA) Fact Sheet Criminal Antitrust Anti-Retaliation Act (CAARA) Fact Sheet International Safe Container Act (ISCA) Fact Sheet Updated Fact Sheets Pipeline Safety Improvement Act (PSIA) Fact Sheet General Fact sheet
Stakeholder Engagement DWPP holds two stakeholder meetings per year Next one is scheduled for October 19, 2022 Stakeholder roundtables
