Jottings By An Employer's Lawyer

Tuesday, July 20, 2010

One Stop Shopping for Whistleblowers

A hat tip to Today's Workplace, the blog of the Outten & Golden firm, for their link to OSHA's new whistleblower website, Office of the Whistleblower Protection Program.

It is worth its weight in gold, if for no other reason than to find a link to all 18 statutes that OSHA currently is responsible for:
Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. §660

Surface Transportation Assistance Act (STAA), 49 U.S.C. §31105

Asbestos Hazard Emergency Response Act (AHERA), 15 U.S.C. §2651

International Safe Container Act (ISCA), 46 App U.S.C. §1506

Safe Drinking Water Act (SDWA), 42 U.S.C. §300j-9(i)

Federal Water Pollution Control Act (FWPCA), 33 U.S.C. §1367

Toxic Substances Control Act (TSCA), 15 U.S.C. §2622

Solid Waste Disposal Act (SWDA), 42 U.S.C. §6971

Clean Air Act (CAA), 42 U.S.C. §7622

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9610

Energy Reorganization Act (ERA), 42 U.S.C. §5851

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), 49 U.S.C. §42121

Corporate and Criminal Fraud Accountability Act, Title VIII of the Sarbanes Oxley Act (SOX), 18 U.S.C. §1514A

Pipeline Safety Improvement Act (PSIA), 49 U.S.C. §60129

Federal Rail Safety Act (FRSA), 49 U.S.C. §20109

National Transit Systems Security Act (NTSSA), 6 U.S.C. §1142

Consumer Product Safety Improvement Act (CPSIA), 15 U.S.C. §2087

Section 1558 of the Affordable Care Act (ACA), P.L. 111-148
The statutes are up to date through the health care bill, but don't yet include those included in the Financial Reform Act which will not be signed into law until tomorrow. For a preview of those, which I am sure will be joining the list soon, see my earlier post, Financial Reform Passes - Major Whistleblowing Changes as Well.

And for two final tidbits, before the next OSHA investigation into a whistleblower complaint, you might want to look over the 190 page Whistleblower Investigations Manual and when you get ready to settle check out OSHA's policy for Approval of Settlements with Future Empoyment Waivers. Spoiler alert, it's on a case by case basis and they look at five factors.


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