| Whistleblower is a general term used to refer to | | | | • Testify in any proceeding related to an |
| anyone who calls attention to violations of any law | | | | OSHA protection |
| by his or her employer. Because the government | | | | Even if a complaint, inspection, or proceeding |
| wants to encourage employees to come forward | | | | following therefrom leads to a censuring of the |
| with this information, it has created protections | | | | employer, the employer is forbidden from |
| for whistleblowers that are designed to prevent | | | | engaging in reprisals against employees. If an |
| retaliation against them by their employers. | | | | employee suffers a reprisal, he or she can file a |
| Types of Whistleblowers | | | | complaint with OSHA to receive rectification. The |
| There are two major categories of | | | | amount of time allowed for such a complaint |
| whistleblowers, distinguished by the type of | | | | varies depending on the relevant act, listed here: |
| complaint they bring against their employer. One | | | | 30 Days for: |
| type of whistleblower case, known as a qui tam | | | | • Occupational Safety and Health Act |
| case, is reported under the Federal False Claims | | | | • Clean Air Act |
| Act (FFCA), while the other is filed under a | | | | • Comprehensive Environmental |
| number of different laws, all of which are | | | | Response, Compensation and Liability Act |
| administered and protected by the Occupational | | | | • Federal Water Pollution Control Act |
| Safety and Health Administration (OSHA)'s Office | | | | • Safe Drinking Water Act |
| of the Whistleblower Protection Program (OWPP). | | | | • Solid Waste Disposal Act |
| Qui Tam | | | | • Toxic Substances Control Act |
| Qui tam cases are filed when an employee | | | | 60 Days for: |
| reports that an employer is defrauding the | | | | • International Safe Carrier Act |
| government. Estimates have concluded that fraud | | | | 90 Days for: |
| against the government comprises as much as 5 | | | | • Asbestos Hazard Emergency |
| percent of the yearly federal budget, or about | | | | Response Act |
| $150 billion for fiscal year 2008.To counteract this | | | | • Sarbanes-Oxley Act |
| fraud, the government is encouraging employees | | | | • Wendell H. Ford Aviation Investment |
| to come forward with reports of fraudulent | | | | and Reform Act for the 21st Century |
| employer practices including, but not limited to: | | | | 180 Days for: |
| • Work not completed | | | | • Surface Transportation Assistance Act |
| • More hours of labor than utilized | | | | • Federal Rail Safety Act |
| • Material not used | | | | • National Transit Systems Security Act |
| • Goods not delivered | | | | • Energy Reorganization Act |
| • Securities fraud | | | | • Pipeline Safety Improvement Act |
| • Fraudulent billing of Medicare or the | | | | In all cases, complaints may be made in writing, |
| military | | | | but for reprisals under the Occupational Safety |
| To encourage employees to come forward with | | | | and Health Act, the Surface Transportation |
| information of this type, the FFCA allows for | | | | Assistance Act, the Asbestos Hazard Emergency |
| whistleblowers to receive a portion (as much as | | | | Response Act, the International Safe Container |
| 30%) of the recovered money, in addition to | | | | Act, the Federal Rail Safety Act, and the National |
| protections similar to those offered to other | | | | Transit Systems Security Act, complaints may |
| whistleblowers | | | | also be made by telephone. |
| OSHA-Administered Whistleblower Claims | | | | Extent of Protections |
| OSHA administers whistleblower claims against | | | | Under all the listed acts, employers are forbidden |
| employers and the corresponding protections | | | | from taking any form of reprisal against |
| afforded under 16 federal statutes. These claims | | | | employees for reporting violations, including, but |
| in general are aimed not at fraudulent actions as | | | | not limited to: |
| are the qui tam-type claims, but are aimed at | | | | • Termination |
| unsafe practices that can put employees at risk | | | | • Blacklisting |
| for industrial accidents or construction accidents or | | | | • Demotion |
| can endanger the public, with the qualification that | | | | • Denying overtime or promotion |
| aid rendered under the Sarbanes-Oxley Act of | | | | • Denial of benefits |
| 2002, the Corporate and Criminal Fraud | | | | • Failure to hire or rehire |
| Accountability Act, is protected because the | | | | • Intimidation |
| financial practices of investigated companies | | | | • Reassignment that affects pay, |
| endanger the financial well-being of large sectors | | | | benefits, or prospects for promotion |
| of the population, such as those affected by the | | | | • Reduction of pay or hours |
| Enron collapse. OSHA inherited this responsibility | | | | • Or any other disciplinary action |
| because the Occupational Safety and Health Act | | | | If you believe you have suffered a reprisal from |
| of 1970, which created OSHA, both preceded and | | | | your employer, contact OSHA or the United |
| provided the model for many of the other acts. | | | | States Attorney's Office that handled your case, |
| In particular, section 11 of the Occupational Safety | | | | and you can receive, according to OSHA's |
| and Health Act guarantees employees the right to | | | | language, "an order requiring the employer to |
| • File a complaint with OSHA | | | | reinstate the employee, pay back wages, restore |
| • Seek an OSHA inspection | | | | benefits and other possible remedies to make the |
| • Participate in an OSHA inspection | | | | employee whole. |