November 17, 2010

Inspector General Critiques OSHA Whistleblower Program

The federal program to protect private sector whistleblowers does a poor job, according to a report from the U.S. Labor Department’s Office of Inspector General.

The Occupational Safety and Health Act (OSHA) of 1970 created the whistleblower protection program. Since then OSHA has been assigned whistleblower duties under more than a dozen other federal laws.

This audit looked at whether complaints filed by whistleblowers were appropriately investigated and whether the complainants received appropriate protection under OSHA. The report found that 80% of applicable investigations under OSHA and two other major laws did not meet one or more of eight elements essential to the investigative process. As a result of not providing complainants with thorough investigations, OSHA could not provide assurance that complainants were protected as the various whistleblower statutes intended.

The audit found that during the period under review, 77% of complaints were dismissed or withdrawn, 21% were resolved through settlements which were generally minimal in nature, and two percent were found to have merit.