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OSHA Says Workers Do Not Have to Waive Whistleblower Rights

  • October 20, 2016

The Occupational Safety and Health Administration has issued new guidance designed to protect the rights of whistleblowers who reach settlements approved by OSHA.

The three-page memorandum, issued August 23, 2016, and released September 15, 2016, revised portions of OSHA’s Whistleblower Investigations Manual (CPL 02-03-007).

The manual already states OSHA will not approve a “gag” provision restricting an employee’s ability to participate in investigations or offer testimony or file later complaints.

The revision identifies other settlement provisions that OSHA will not accept, including:

  • waiving the right to a cash reward;
  • requiring the employee to return a portion of the cash reward to the employer;
  • mandating workers notify employers before contacting the government; and
  • requiring workers affirm to employers that they had not had other contacts with the government.

OSHA issued the guidance after the Government Accountability Project, an advocacy organization, petitioned the agency last year to clarify that it will not approve settlements that discourage whistleblowers.

Please contact Jackson Lewis with any questions about compliance with this and other regulations.

©2016 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

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