OSHA Whistle-Blower Claims Are on the Rise. Are Employers Prepared?

The Occupational Safety and Health Administration (OSHA) is the government agency responsible for enforcing the whistle-blower retaliation provisions of numerous laws protecting workers in a wide range of industries. The Sarbanes-Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act—which contain whistle-blower protections and focus on combating corporate and accounting fraud—are likely the most well-known of these laws. But there are many other laws that contain anti-retaliation causes of action for whistle-blowers, such as the Surface Transportation Assistance Act of 1982 (creating safety standards for commercial vehicles), the Seaman's Protection Act (improving safety on seagoing vessels), the Clean Air Act (reducing air pollution), and the Consumer Product Safety Improvement Act of 2008 (protecting consumers from defective products), which are less well-known.