Do you have a robust antiretaliation program? Are you prepared for an Occupational Safety and Health Administration (OSHA) whistleblower investigation?

OSHA has had whistleblower protection authority since its beginning. Section 11(c) of the Occupational Safety and Health Act of 1970 established protections for those who file safety and health complaints or participate in inspections or investigations.

The act also established OSHA’s authority to investigate whistleblower complaints and weigh any evidence of retaliation. Employees who have experienced retaliation are entitled to relief, including getting rehired or reinstated to their former positions with back pay.

OSHA now enforces whistleblower protections under more than 20 federal statutes, including aviation, commercial motor carrier, consumer product, food, motor vehicle, nuclear, and pipeline safety, as well as anti-money laundering, criminal antitrust, environmental, financial reform, health insurance reform, maritime, public transportation, railroad, securities, and tax laws.

Within the past year, several high-profile whistleblower protection cases have come to a conclusion:

• The agency this month ordered ExxonMobil Corp. to reinstate two illegally terminated employees when the company suspected the two had leaked company information to The Wall Street Journal. Relying on its authority under the Sarbanes-Oxley Act, OSHA ordered the company to reinstate the employees immediately and pay them more than $800,000 in...

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