OSHA Issues Anti-Retaliation Guidance
The U.S. Occupational Safety and Health Administration (OSHA) recently issued Recommended Practices for Anti-Retaliation Programs to help employers create workplaces in which workers feel comfortable voicing their concerns without fear of retaliation. The recommendations are intended to apply to all public- and private-sector employers covered by the 22 whistleblower protection laws that OSHA enforces, according to a news release.
The recommendations are adaptable to most workplaces, and employers may adjust them for such variables as the number of employees, the makeup of the workforce and the type of work performed. The concepts can be used to create a new program or enhance an existing one.
The document outlines five key elements of an effective anti-retaliation program. These include:
- Management leadership, commitment and accountability
- System for listening to and resolving employees’ safety and compliance concerns
- System for receiving and responding to reports of retaliation
- Anti-retaliation training for employees and managers
- Program oversight
An initial draft of the Recommended Practices was posted for review and comment in the fall of 2016. The final document incorporates many of these comments, as described here. These recommendations are advisory only and do not interpret or create any legal obligations, or alter existing obligations created by OSHA standards or regulations.
OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act, and 21 other statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, maritime, healthcare, workplace safety and health regulations, and consumer product safety laws. For more information, visit www.whistleblowers.gov.