OIG Advises OSHA to Update its Whistleblower Protection Program

The Office of Inspector General (OIG) has advised the Occupational Safety and Health Administration (OSHA) to update its whistleblower protection program.

The whistleblower protection program is designed to protect the rights of workers who file a complaint with OSHA. It's not uncommon for employers to retaliate against workers by demoting them, cutting their pay, or firing them altogether. Under OSHA's whistleblower program, however, retaliation such as this is against the law. So, why is the OIG pushing for a newly updated whistleblower program?

In 2010, the OIG published a report titled "Complainants Did Not Always Receive Appropriate Investigations under the Whistleblower Protection Program," in which it found that OSHA had made improvements to its whisteblower program, but acknowledged that more work was needed to be done. According to the OIG's report, OSHA has made improvements to its whistleblower programs in recent years. The report found that the total number of whistleblower investigations that did not meet "essential elements" had dropped from 80% in 2009 to just 18% in the period covered by the audit.

"OSHA has improved the administration of its Whistleblower Programs. The number of whistleblower reviews by investigators that did not meet the essential elements dropped from approximately 80 percent in 2009, to 18 percent during the period covered by this audit (October 1, 2012 through March 31, 2014)," wrote the OIG in its report.

The OIG went on to say that "opportunities exist" for OSHA to improve its whisteblower programs. While reducing the number of insignificant investigations from 80% to 18% is a huge improvement in itself, the OIG believes that OSHA can further strengthen its program by expanding communication among federal agencies. Grater communication means shared information and resources, and that will almost certainly have a positive impact when it comes to whistleblower investigations.

Of course, it's in OSHA's best interest to improve and optimize its whisteblower program. If workers feel like they aren't protected when they file a complaint against their employer, chances are they'll hold back next time instead of filing the complaint. Subsequently, this may lead to dangerous scenarios going unnoticed, triggering an increase of work-related injuries and fatalities.