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ARTICLE · 21 JANUARY 2017

OSHA's Advisory Guidance on Anti-Retaliation Programs

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On January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs.

United StatesEmployment and HR
Guy Brenner
Guy Brenner
Sunghee Sohn
Sunghee Sohn
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On January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs.  OSHA's guidance provides examples and suggestions of steps companies can take to implement an effective anti-retaliation program.  However, it does not interpret whistleblower statutes or create legal obligations.

OSHA identifies five elements key to effective anti-retaliation programs:

  1. Management leadership, commitment and accountability;
  2. System for listening to and resolving employees' safety and compliance concerns;
  3. System for receiving and responding to reports of retaliation;
  4. Anti-retaliation training for employees and managers; and
  5. Program oversight.

According to OSHA, companies should take steps to ensure that systems for reporting concerns and retaliation are implemented and enforced. These systems should also evaluate and track employees' willingness to report concerns.  OSHA recommends that companies establish multiple complaint

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