November 28, 2022 Hey, ref – blow the whistle already! Back in June of 2021, the U.S. Department of Labor filed suit against a New York health center due to an alleged violation of the OSH Act. It was reported that the NY health center suspended and later terminated an employee who had reported personal concerns about exposure to COVID-19. The employee, also known as the whistleblower did so under the OSH Act, which protects workers from retaliation when reporting a hazardous work condition. The health center proceeded to file a motion in October of 2021, preventing the department from seeking damages for the whistleblower. Fast forward to September of this year, a federal court has rejected the health center’s case under the protection of the OSH Act. Regional Solicitor of Labor, Jeffrey Rogoff adds, “This is a significant decision reaffirming the U.S. Department of Labor’s independent authority to pursue legal actions and relief for employees in the name of the public interest. The Office of the Solicitor of Labor will continue to aggressively bring cases seeking to vindicate the rights of whistleblowers, who are essential to the proper functioning of laws protecting the health and safety, wages, and wellbeing of the American workforce.” More investigations from the OSHA’s Division of Whistleblower Protection Programs are underway in New York. So what can we take away from this? As a reminder, the Whistleblower Protection Program enforces the provisions of more than 20 federal laws. These protect your employees from retaliation from raising or reporting their concerns about hazards of violations of various workplace safety and health. Make sure your office is a safe place where employees can voice their concerns, but more importantly you are taking the proper steps upfront to ensure your practice meets the necessary safety and health standards.
