On October 31, 2023—Halloween—the National Labor Relations Board (NLRB) and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a “scary” new agreement between the two federal agencies. The agreement was described as an effort to “strengthen the agencies’ partnership and outline procedures for information-sharing, referrals, training and outreach that explain federal anti-retaliation protections.”

Quick Hits

• OSHA and the NLRB recently announced that the two agencies had agreed to establish a “process for information sharing and referrals, training, and outreach between the agencies.”
• The memorandum of understanding focuses on strengthening the agencies’ partnership to enhance enforcement of anti-retaliation and whistleblower provisions found in the National Labor Relations Act and the Occupational Safety and Health Act, among other statutes and regulations.
• The agreement expands on already existing cooperative efforts and coordination between the agencies

The first sentence of the memorandum of understanding between the two agencies cites the Occupational Safety and Health (OSH) Act’s anti-retaliation provision, Section 11(c), 29 U.S.C. § 660(c), as well as various statutory whistleblower provisions that OSHA is charged with enforcing.

As many who read this are already aware, Section 11(c) of the OSH Act prohibits employers from firing or discriminating against any employee because the employee filed a complaint or participated...

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