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WASHINGTON – The Occupational Safety and Health Administration today issued Recommended
Practices for Anti-Retaliation Programs to help employers create workplaces in which
workers feel comfortable voicing their concerns without fear of
retaliation. The recommendations are
intended to apply to all public and private sector employers covered by the 22 whistleblower
protection laws that OSHA enforces.
The recommendations are adaptable to most workplaces, and
employers may adjust them for such variables as number of employees, the makeup
of the workforce, and the type of work performed. The concepts can be used to
create a new program or enhance an existing one.
The document
outlines five key elements of an effective anti-retaliation program:
1. Management leadership, commitment, and accountability
2. System for listening to and resolving employees’ safety and
compliance concerns
3. System for receiving and responding to reports of retaliation
4. Anti-retaliation training for employees and managers
5. Program oversight
“These recommended
practices will provide companies with the tools to create a robust
anti-retaliation program,” said Jordan Barab, acting assistant secretary of
labor for occupational safety and health. “In the long run, it’s good for
workers and good for business.”
An initial draft of
the Recommended Practices was posted for review and comment in the fall of
2016. The final document incorporates many of these comments, as described here.
These
recommendations are advisory only and do not interpret or create any legal
obligations, or alter existing obligations created by OSHA standards or
regulations.
OSHA enforces the
whistleblower provisions of Section 11(c) of the OSH Act, and 21 other statutes
protecting employees who report violations of various securities laws,
trucking, airline, nuclear power, pipeline, environmental, rail, maritime,
health care, workplace safety and health regulations, and consumer product
safety laws. For more information, visit www.whistleblowers.gov.
Under the
Occupational Safety and Health Act of 1970, employers are responsible for
providing safe and healthful workplaces for their employees. OSHA’s role
is to ensure these conditions for America’s working men and women by setting
and enforcing standards, and providing training, education and assistance. For
more information, visit www.osha.gov.
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