OSHA to Probe Whistleblower Complaints

Recently, the Department of Labor (DOL) announced that the Occupational Safety and Health Administration (OSHA) would investigate additional types of whistleblower complaints. Specifically, these whistleblower complaints allege retaliation under the Anti-Money Laundering Act of 2020 (AMLA) and the Criminal Antitrust Anti-Retaliation Act. This release comes after OSHA announced that the agency has issued stronger workplace guidance on COVID-19.

Retaliation Under the AMLA

Under the AMLA, OSHA will investigate individual whistleblower complaints for the following:

• reporting money laundering-related violations to their superiors or the federal government; or
• for showing cause, testifying, participating in, or assisting an investigation or proceeding related to a violation of anti-money laundering laws.

The AMLA amended the Bank Secrecy Act by expanding the options for whistleblower complaints. Under the law, whistleblowers can file a complaint with the DOL for any retaliatory action taken. If there’s not a decision within 180 days, the complaint can go to a federal district court and jury trial. A successful whistleblower could potentially receive compensatory damages, double back pay, reasonable attorneys’ fees, and job reinstatement.

Investigations Under the Criminal Antitrust Anti-Retaliation Act

Signed in December 2020, the Criminal Antitrust Anti-Retaliation Act prohibits employers from retaliating against employees who report criminal antitrust violations. The whistleblower complaints covered could be due to reports made to either the federal government or to internal supervisors. OSHA will also investigate retaliation claims stemming from an employee testifying, participating in, or assisting antitrust law violation investigations.

Employer Takeaways

It is important for employers to know that whistleblower protection is not limited to just those who report actual violations. The DOL and courts have ruled that whistleblower protections extend to reasonable but mistaken beliefs that conduct reported violated law. To take advantage of the protection, employees must show that they believed the reported conduct violated a law. They also must prove that their beliefs were “objectively reasonable.” In order to avoid potential fines and penalties, employers should take all complaints by whistleblowers seriously and conduct thorough investigations. Additionally, OSHA also enforces the whistleblower provisions of 22 additional statutes protecting employees who report violations of various laws. Detailed information on employee whistleblower rights, including fact sheets on various laws, is available from the DOL.