OSHA directive explains new process to assist resolution of whistleblower complaints

The U.S. Occupational Safety and Health Administration (OSHA) has issued policies and procedures for applying a new process for resolving whistleblower disputes. The new early resolution process 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.”                                                

Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels says, “OSHA receives several thousand whistleblower complaints for investigation each year. 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, OSHA says. The pilot program demonstrated that having staff dedicated to facilitating settlement negotiations provides an efficient and effective service.

This new 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. More information is available at www.whistleblowers.gov.