Whistleblower Protection Program in the United States

  • Whistleblower Protection Program in the United States

    Posted by Larry Green on October 25, 2022 at 1:54 pm

    OSHA’s Whistleblower Protection Program protects those who expose any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The Whistleblower Protection enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws and for engaging in other related protected activities and this act was made into federal law in the United States in 1989.

    Whistleblower protection laws and regulations guarantee freedom of speech for workers and contractors in certain situations. Whistleblowers are protected from retaliation for disclosure of information which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

    What Is Whistleblower Retaliation?

    An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.

    Examples of Adverse Actions:

    How to File a Whistleblower Complaint with OSHA

    Whistleblowers can now file complaints online with OSHA. Agency launches online form to provide workers a new way to file retaliation complaints. You have the right to file a whistleblower complaint with OSHA if you believe your employer retaliated against you for exercising your rights as an employee under the whistleblower protection laws enforced by OSHA. In States with OSHA-approved State Plans, employees may file complaints under section 11(c) of the Occupational Safety and Health Act with Federal OSHA and with the State Plan under its equivalent statutory provision.

    What are whistleblower protections?

    Federal Legal protections for whistleblowers were enacted through the Whistleblower Protection Act of 1989. The law offers the whistleblower some protection from criminal prosecution and administrative retaliation, such as firing or demotion. Because of concerns about classified information, the protections initially did not include the intelligence community.

    U.S. Whistleblower Labor Law and Policy

    A whistleblower is defined as someone who informs the authorities about a person or organization engaged in illegal or unacceptable behavior. Employer activity that is not prohibited by law is usually permitted. Ignorance of the law does not make something legal. Managers cannot order people to participate in situations involving something that is illegal, unethical, or unhealthful. When a worker feels that this is the case, they may file a dispute. Workers will often prevail if some kind of law or public policy can be used to justify a dispute. OSHA’s whistleblower laws protect employees from employer retaliation, such as dismissal, discipline, harassment, and demotion. When a dispute goes to grievance, then laws and policies need to be cited, otherwise the dispute may fail.

    Whistleblower Protection Act of 1989

    Whistleblower Protection Act of 1989 – Separates the Office of Special Counsel from the Merit Systems Protection Board. The Whistleblower Protection Act of 1989 was enacted to protect federal employees who disclose “Government illegality, waste, and corruption” from adverse consequences related to their employment.

    This act provides protection to whistleblowers who may receive demotions, pay cuts, or a replacement employee. There are certain rules stated in this act that are civil protection standards against voidance of dismissal, voidance of cancellation of worker dispatch contracts, and disadvantageous treatment (i.e. demotion or a pay cut). Empowers the Special Counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. The court judges what is considered valid or not for each complaint filed for dismissal or cancellation.

    Larry Green replied 1 year, 8 months ago 1 Member · 0 Replies
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