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ARTICLE · 09 DECEMBER 2019

Whistle While You Work: OSHA Whistleblower Liability Expands

Seyfarth Synopsis: Employers face growing numbers of OSHA whistleblower complaints from aggrieved employees, largely alleging that they faced discipline and discharge on account of safety complaints.

United StatesEmployment and HR

Seyfarth Synopsis:  Employers face growing numbers of OSHA whistleblower complaints from aggrieved employees, largely alleging that they faced discipline and discharge on account of safety complaints. The Agency’s recent Investigator’s Desk Aid helps illuminate what activities may be protected under the Occupational Safety and Health Act and how to best defend these claims. With a thorough investigation and comprehensive responsive letter, employers can proactively respond to those OSHA whistleblower complaints and limit disruptive investigations.

Increase in OSHA Whistleblower Complaints

From 2012-2018, the number of whistleblower complaints filed with the federal Occupational Safety and Health Administration (OSHA) increased by 74%. Employees have filed more safety-related whistleblower complaints against employers as news coverage of anonymous government whistleblowers saturates the 24-hour news cycle. Federal OSHA investigates employee complaints under

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