OSHA whistleblower charges surge during COVID-19

Whistleblower charges alleging workplace safety retaliation have surged dramatically during COVID-19. Approximately 30 percent more charges have been filed with the Occupational Safety and Health Administration (OSHA) over the same period last year, according to a recent audit from the U.S. Department of Labor (DOL) Office of Inspector General. The charge rate in the states and territories with state OSHA-certified plans—about half the country—is believed to have increased at a similar pace. The volume of safety-related retaliation charges is likely to persist (and potentially increase) as employers and governments continue to grapple with stay-at-home and return-to-work orders and protocols and the approaching flu season and as vaccine candidates draw closer to approval and distribution. With that in mind, here are concrete steps you can take to avoid adverse whistleblower complaint findings.

Types of whistleblower/retaliation claims under OSHA

There are two varieties of whistleblower claims under the Occupational Safety and Health (OSH) Act. The first resembles equal employment opportunity-related retaliation charges many employers may be familiar with and requires the following elements: