OSHA increases encouragement of whistleblower claims – what employers should know

On March 12 of this year OSHA issued a memorandum on “Employer Safety Incentive and Disincentive Policies & Practices” to address its increased focus on whistleblower enforcement.

With this growing focus on embracing the whistleblower, employers must now ensure that they provide employees an avenue for reporting workplace incidents free of any negative repercussions and recognize that OSHA considers “reporting an injury to always be a protected activity,” and will raise flags if employees are disciplined or terminated after doing so. Employers are encouraged to assess their current incident reporting procedures and ensure that OSHA will not deem them to “unduly burden the employee’s right and ability to report.”

To learn more about what can be expected from this change, check out Howard Mavity’s article, OSHA Formalizes Criticism of Employee Safety Incentive Programs, Increases Encouragement of Whistleblower Claims. Mavity is a senior partner with the Atlanta office and co-chair of the Workplace Safety and Catastophe Management Practice Group for Fisher & Phillips, LLP, one of the nation’s leading law firms in labor and employment law.

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