WASHINGTON – The Occupational Safety and Health Administration today issued policies and procedures* for applying a new process for resolving whistleblower disputes. The new process is an early resolution process that is to be used as part of a regional Alternative Dispute Resolution (ADR) program. The ADR program offers whistleblower parties the opportunity to negotiate a settlement with the assistance of a neutral, confidential OSHA representative who has subject-matter expertise in whistleblower investigations. The Administrative Dispute Resolution Act* requires that each federal agency “adopt a policy that addresses the use of alternative means of dispute resolution and case management.”
“OSHA receives several thousand whistleblower complaints for investigation each year,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The Alternative Dispute Resolution process can be a valuable alternative to the expensive and time consuming process of an investigation and litigation. It will provide whistleblower complainants and respondents the option of exploring voluntary resolution of their disputes outside of the traditional investigative process.”
OSHA piloted an ADR program in two of its regions from October 2012 to September 2013. The pilot proved that the early resolution ADR process is a successful method for helping parties to reach a mutual and voluntary outcome to their whistleblower cases. The pilot program demonstrated that having staff dedicated to facilitating settlement negotiations provides an efficient and effective service that is highly desired by complainants and respondents alike.
The success of the early resolution ADR process has resulted in the agency making it available to all of its regions. This directive does not prohibit OSHA whistleblower offices from offering complainants and respondents other alternative dispute resolution processes, such as third-party mediation.
OSHA enforces the whistleblower provisions of 22 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, please 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.
- SMART statement on DOL rule rescinding IRAPs
- Local 556 loses member to alleged drunken driver
- Two-person crew rule’s comment period receives extension
- Registration open for Branson, Mo., TD Regional Training Seminar
- Local 1846 loses member in accident, fundraiser established
- SMART-TD, BLET reach tentative agreement with railroads
- SMART-TD mourns loss of Local 1263 Local Chairperson Richard Keen
- SMART Mechanical Department reaches tentative agreement with the NCCC
- Commenting on Rule of 2 a call to action for our members, allies
- SMART-TD, BLET joint statement on Labor Day 2022