The Whistleblower Protection Program was developed to guarantee that applicants and employees who disclose allegations of serious gross mismanagement and wrongdoing are free from any fear of reprisal for their disclosures.
Protected Disclosure by Federal Employees and Applicants
The disclosure by former and current employees and applicants of the following kinds of crime are covered by the Whistleblower Act of 1989:
- A specific or substantial danger to public safety or public health
- An abuse of authority
- A gross waste of funds
- A violation of any regulation, rule or law
How OSHA Conclude If Retaliation Happen
Complaints will be facilitated according to OSHA procedures. For a complaint to be identified valid, the investigation should reveal that the:
- Protected activity contributed or motivated to the opposing action
- Employer took an opposing action
- Employer is aware of or suspected the secured or protected activity
- Employed dealt with in protected activity
When the evidence supports the allegation of the employee, OSHA will work to get benefits, wages and other preparations for the employee.
How Can I File A Complaint?
For those who are thinking how to file a complaint, you need to fill out the complaint form or you can contact OSHA right away as soon as the retaliation happens. The employee should file the complaint with OSHA within 30 days of the unproven retaliation.
On the other hand, the complaint might be filed through electronic communication, facsimile, US mail, hand delivery during business hours or through a commercial carrier. Further, the date of the communication is determined the date filed.
What is Work Refusal?
Did you know that employees have restricted rights to refuse a job because of dangerous and risky conditions? Apart from that, employees must do so only when they:
- Do not have enough time to get rid of the hazard by regulatory channels like OSHA gave that the situation is urgent
- Tried ineffectively to get the employer to fix the condition and when there’s no other way to perform the job
- Might experience serious injury or death, and when the situation is hazardous, which any reasonable individual would reach the same result
Here are other information for those Potential Whistleblowers
- The right of the complainant to protection from reprisal doesn’t cover immunity for the own involvement of the complainant in mismanagement or wrongdoing, if applicable.
- Complainants should be truthful and candid enough along with investigators or other people to whom they disclose the alleged mismanagement and wrongdoing.
- Protection of the identity of the disclosing party isn’t absolute; however, will at all times be kept to the fullest extent
- Complainants are the reporting parties and not investigators
- For those complainants who tell allegations of serious gross mismanagement or wrongdoing should present enough information to begin an inquiry. This is extremely crucial once the complainants prefer to remain confidential.
Disclosure of the information secured by the law must be produced to a Government agency like the OIG, which is accredited and certified to get and investigate this disclosure.