- OSHA Says Workers Do Not Have to Waive Whistleblower Rights
- October 26, 2016 | Author: Nickole C. Winnett
- Law Firm: Jackson Lewis P.C. - Reston Office
The Occupational Safety and Health Administration has issued new guidance designed to protect the rights of whistleblowers who reach settlements approved by OSHA.
The three-page memorandum, issued August 23, 2016, and released September 15, 2016, revised portions of OSHA’s Whistleblower Investigations Manual (CPL 02-03-007).
The manual already states OSHA will not approve a “gag” provision restricting an employee’s ability to participate in investigations or offer testimony or file later complaints.
The revision identifies other settlement provisions that OSHA will not accept, including:
- waiving the right to a cash reward;
- requiring the employee to return a portion of the cash reward to the employer;
- mandating workers notify employers before contacting the government; and
- requiring workers affirm to employers that they had not had other contacts with the government.