Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Act’s Whistleblower Provision

In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by Tom Chibnall, to discuss the Occupational Safety and Health Administration’s (OSHA) recent activity on the regulatory front, namely the new guidance on the whistleblower complaint intake pilot program. Phillip and Tom (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the potential impact of the program, including the likelihood that it will alleviate the backlog of whistleblower complaints (such as Occupational Safety and Health (OSH) Act 11(c) complaints), screen out flawed allegations, and lead to shorter investigatory timetables. Phillip and Tom also review the elements of viable 11 (c) complaints: protected activity, an adverse employment action, and a “but for” causal connection between the two.