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New Online Whistleblower Complaint Form
In a move designed to ease the filing of whistleblower complaints, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently unveiled a new online whistleblower complaint form. This is significant for employers because whistleblower complaints (and the litigation headaches that accompany them) are now literally only “a few clicks” away. An employee now may initiate a whistleblower complaint by submitting a written complaint, complaining orally (by either visiting or calling an OSHA office) or completing the new online form (and either submitting it electronically or printing it and filing it by mail, fax or hand delivery). OSHA states that it will accept a whistleblower complaint in any language.'
Background: OSHA's Role in Investigating Whistleblower Complaints
OSHA currently has responsibility for enforcing 22 whistleblower provisions found in federal statutes in a variety of areas including securities, consumer finance, health insurance, airline, environmental, nuclear power, trucking, rail, and workplace safety. OSHA is responsible, under each of these statutes for receiving and investigating the complaints made by whistleblowers. Under many of these statutes (e.g., the whistleblower provision in the Sarbanes-Oxley Act), a complainant may, after the passage of a certain amount of time, also pursue an action in federal court.
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