Search Site

New OSHA Directive to Help Resolve Whistleblower Complaints Early

The Occupational Safety and Health Administration (OSHA) issued a number of new procedures and policies August 19, outlining how a new process will be established to resolve whistleblower disputes more efficiently. The goal is to get whistleblower complaints resolved early on and to spend less time in court with each action.

This process is being established in conjunction with regional Alternative Dispute Resolution (ADR) programs as part of the overall OSHA effort to enforce whistleblower statutes. Current ADR programs provide whistleblowers with opportunities to negotiate potential settlements with the help of a confidential third-party representative from OSHA who has a significant amount of expertise in whistleblower cases.

An improved method for handling claims

The new directives are expected to be a valuable, worthwhile alternative to the otherwise lengthy and expensive process of litigation and investigation related to whistleblower claims. Complainants and respondents will have the opportunity to reach voluntary resolutions of their disputes using methods other than the standard process.

OSHA piloted the new ADR program between October 2012 and September 2013 in two of its 10 regions. Agency officials were pleased with the results of the pilot, which proved that early resolution processes can be quite successful for helping parties come to voluntary, mutual resolutions in whistleblower cases. The tests of the program also demonstrated having staff members specifically dedicated to coordinating and facilitating negotiations during settlements makes for more effective and efficient services. Respondents and complainants alike had good things to say about this process.

OSHA is also ending several deadline requirements in whistleblower complaints, but still encourages all employers and complainants to work efficiently to reach settlements.

To learn more about these new directives and how they will affect whistleblower claims across the country, speak with a knowledgeable Dallas attorney at Whistleblower Law for Managers today.



Leave a Reply

Your email address will not be published. Required fields are marked *

Awards & Honors
Our Office
  • Dallas Office
    4514 Cole Ave
    Dallas, Texas 75205
    Phone: 214-306-8045
    Fax: 469-729-9926
As Seen In
In his new book, "Standing Up to China: How a Whistleblower Risked Everything for His Country," former client & Author, Ashley Yablon, quotes Attorney Steve Kardell about Whistelblower Law.
  • "Steve Kardell was terrific in representing me in some very adversarial discussions with Citigroup and also later represented me in my testimony before the Financial Crisis Inquiry Commission."  -Richard Bowen, Citigroup Whistleblower

  • "Incredible knowledge of employee related concerns and equally brilliant knowledge of health care regulations, standards of practice. I would recommend this firm to anyone."  -V.B.

  • "Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them."  -KS

  • "Never thought my career would end like it did after 30 years of service. I was part of the first round of the so called reduction of force. I asked myself how can I be part of this with 30 years of seniority. How did they pick these 90 plus employees? Now, the culture of this organization made you question every decision they made. It wasn’t what you knew it’s was a culture of who you know. Nonetheless, I did not accept their severance package. I immediately starting looking for an attorney who would take on my case. After the initial call to Steve I had hope again. He was open and honest about everything and reassured me he would do his best for me, and he did. I had an awesome outcome. Thanks Steve you’re the best."  -S.S.