New initiatives bolster whistleblower program and challenge
commonly used safety incentive programs; employers should
reevaluate their programs and be prepared for extensive
investigations.
The Occupational Safety and Health Administration (OSHA)
recently launched a series of initiatives to strengthen the
Department of Labor's (DOL's) Whistleblower Protection
Program. These initiatives impact virtually all employers,
especially those in the transportation and energy industries and
the many others who are subject to Section 11(c) of the
Occupational Safety and Health Act (OSH Act).1
Highlighting all of these developments, OSHA's senior career
official, Deputy Assistant Secretary Richard Fairfax, released a
policy memorandum on March 12, 2012 (the Fairfax Memo), that will
dramatically change the way in which employers can implement
employee discipline and safety incentive programs. The Fairfax Memo
confirms what many concerned employers already
suspected—OSHA has
