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