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ARTICLE · 08 JUNE 2021

COVID-19 Issues Driving Increased OSHA Whistleblower Activity

In fiscal 2020 (ending September 30, 2020), the number of Occupational Safety and Health Act whist blower claims filed with the agency increased a whopping 25%.

United StatesEmployment and HR

1.  Introduction

In fiscal 2020 (ending September 30, 2020), the number of Occupational Safety and Health Act whist blower claims filed with the agency increased a whopping 25%.  The increase was largely driven by employee anxiety related to COVID-19 precautions and protocols, and perceived exposure to COVID-19 hazards. As many employers pull back  masking and distancing precautions to which employees have become accustomed, we anticipate increased safety complaints to OSHA and many new whistleblower complaints.

As of 2021, OSHA investigates employee complaints brought under 25 separate statutes.  About 73% of these claims are filed under Section 11(c) of the Occupational Safety and Health Act itself.  Other whistleblower statutes address industries such as aviation, trucking, heavy equipment, railroads, pipelines, and barges.  OSHA operates a dual structure, with (a) compliance safety and health officers investigating complaints and issuing safety and health

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