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US Department of Labor’s OSHA issues updated Whistleblower Investigations Manual
US Department of Labor’s OSHA issues updated Whistleblower Investigations Manual
Source: Occupational Safety & Health Administration
The Department of Labor’s Occupational Safety and Health Administration released a new edition of its Whistleblower Investigations Manual, one of a series of measures to improve OSHA’s Whistleblower Protection Program that were announced in August.
The new edition of the manual contains updates to case handling procedures, information on the new laws enacted since the manual was last updated in 2003, and other information to guide OSHA’s Whistleblower Protection Program, which addresses retaliation complaints under the 21 whistleblower statutes delegated to OSHA (see below for a full list of statutes). This new manual will provide further guidance to help ensure the consistency and quality of investigations. The updated manual is available athttp://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=5061.
“The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value,” said OSHA Assistant Secretary Dr. David Michaels when these measures were announced in August.
Key changes to the manual include:
- A requirement that investigators make every attempt to interview the complainant in all cases.
- Clarification that whistleblower complaints under any statute may be filed orally or in writing, and in any language, and that OSHA will be accepting electronically-filed complaints on its Whistleblower Protection Program website, http://www.whistleblowers.gov.
- Additional clarifications of the investigative process including method and recording of interviews, and processing of dually-filed 11(c) complaints in state plan states.
- New chapters for processing complaints filed under Federal Railroad Safety Act (FRSA), 49 U.S.C. §20109, National Transit Systems Security Act (NTSSA), 6 U.S.C. §1142, and Consumer Product Safety Improvement Act (CPSIA), 15 U.S.C. §2087, as well as significant updates to the Surface Transportation Assistance Act (STAA) and Sarbanes-Oxley chapters, which incorporate statutory amendments and developments in the law.
- Expanded guidance on dealing with uncooperative respondents and issuing administrative subpoenas during whistleblower investigations.
US Department of Labor’s OSHA announces measures to improve Whistleblower Protection Program
US Department of Labor’s OSHA announces measures to improve Whistleblower Protection Program
Source: Occupational Safety and Health Administration
In a continuing effort to improve the Whistleblower Protection Program, the U.S. Department of Labor’s Occupational Safety and Health Administration today announced that it is implementing additional measures to strengthen the program and is releasing an internal report detailing a recent top-to-bottom review of the program. OSHA enforces the whistleblower provisions of 21 statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.
OSHA QuickTakes — August 1, 2011
OSHA QuickTakes — August 1, 2011
Source: Occupational Safety & Health Administration
In this issue
- OSHA announces measures to improve its Whistleblower Protection Program
- OSHA holds stakeholder meetings to discuss occupational exposure to infectious diseases
- Secretary of Labor issues alert on protecting workers during heat waves sweeping the country
- Michaels advocates including worker protections in discussions on environmental sustainability
- Construction advisory committee makes recommendations to OSHA on protecting construction worker safety and health
- Maritime advisory committee makes recommendations to OSHA on protecting the safety and health of shipyard workers
- Warning card on suffocation hazards in grain storage bins now available from OSHA
- Bakery cited for exposing workers to safety and health hazards twice in four months is fined nearly $200,000
- Company fined nearly $160,000 after worker is struck and killed by flying piece of machinery
- Lumber mill fined more than $150,000 after worker is killed by mechanical saw
- OSHA co-sponsoring first national conference on Eliminating Health and Safety Disparities at Work
- Award-winning photojournalist encourages people to enter OSHA photo contest before Aug. 12 deadline
- Green Jobs: OSHA Harwood grantee offers free spray foam industry safety training
- State and non-profit organizations in Oregon and Kentucky provide scholarships to children of workers killed or injured on the job
- OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America
- Job openings
Radiation Dispersal from Japan and the Effect on U.S. Workers
Radiation Dispersal from Japan and the Effect on U.S. Workers
Source: Occupational Health and Safety Administration
Fukushima Daiichi Power Plan Efforts continue in Japan to contain the release of airborne radioactive contamination from the damaged Fukushima Daiichi power plant.
On March 17, 2011, President Obama, speaking outside the White House, stated “We do not expect harmful levels of radiation to reach the United States, whether it’s the West Coast, Hawaii, Alaska, or U.S. territories in the Pacific. ..Furthermore, the Centers for Disease Control and Prevention and public health experts do not recommend that people in the United States take precautionary measures beyond staying informed.” [More...]
Radiation occurs in many forms at low levels as a part of everyday life, from residual cosmic radiation in the atmosphere to medical applications such as x-rays and CT scans. Taking extraordinary steps to prevent exposure to radiation in the absence of a known risk can create problems of its own. For example, potassium iodine pills, which are one such preventive measure, can cause intestinal upset, allergic reactions, and other symptoms, and should only be taken on the advice of emergency management officials, public health officials, or your doctor.
OSHA is working with other federal agencies to monitor domestic reports of radiation concerns and provide up-to-date worker protection information. This includes working jointly with NIOSH on a worker information page. This page provides information to help workers, employers, and occupational health professionals regarding the release of airborne contamination from the damaged Japanese power plant. If you have further questions, please contact the OSHA hotline at 1-800-321-OSHA (6742) | TTY 1-877-889-5627.
OSHA document describes methods to help prevent injuries, deaths among residential construction workers
OSHA document describes methods to help prevent injuries, deaths among residential construction workers
Source: Occupational Safety and Health Administration (USDoL)
The Occupational Safety and Health Administration today issued guidance on Fall Protection in Residential Construction* to help employers prevent fall-related injuries and deaths among residential construction workers. Data shows that falls are the leading cause of death for workers involved in residential construction.
OSHA issued the Compliance Guidance for Residential Construction in December 2010 to require that residential construction employers provide workers with fall protection according to OSHA’s Fall Protection in Construction standard. This new document demonstrates work methods employers may use to comply with the standard’s requirements.
Directed primarily to those working on new construction, the document describes safety methods employers can implement during stages of construction. Methods for preventing fall-related injuries and deaths include using anchors for personal fall arrest systems and fall restraints, safety net systems, guardrails, ladders, and scaffolds for activities such as installing roof sheathing, weatherproofing a roof, and installing walls and subfloors, among others.
+ Residential Fall Protection
+ Fall Protection – Construction
OSHA publishes final rule establishing procedures for handling nuclear and environmental retaliation complaints
OSHA publishes final rule establishing procedures for handling nuclear and environmental retaliation complaints
Source: Occupational Safety & Health Administration
The Occupational Safety and Health Administration recently published a final rule that makes the procedures for handling whistleblower retaliation complaints under the Energy Reorganization Act of 1974 and six environmental statutes consistent with retaliation complaint procedures under other OSHA whistleblower provisions.
Similar to other whistleblower provisions, these regulations not only allow workers to file complaints in writing, but also orally and in other languages. This approach improves access to the complaint-filing process for workers who may have difficulty submitting written complaints. Additionally, workers will receive copies of documents submitted by the employer in response to their whistleblower complaints, subject to applicable privacy and confidentiality laws.
“Silenced workers are not safe workers,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Changes in the whistleblower provisions make good on the promise to stand by those workers who have the courage to come forward when they believe their employer is violating an environmental or nuclear safety law.”
The rule covers workers who voice concerns related to nuclear and environmental safety or security under clean air and water, safe drinking water, solid waste, and toxic substances, among others. OSHA enforces the whistleblower provisions of these nuclear and environmental statutes and 14 other statutes protecting workers who report violations of various airline, commercial motor carrier, consumer product, financial reform, health care reform, pipeline, public transit, railroad, maritime and securities laws.
+ Rule (Federal Register)
