OSHA Self-Audit Programs That Can Lead to Whistleblower Claims

by Rrita Osmani and Kari Siegenthaler

OSHA launches new self-audit initiatives to strengthen compliance with federal labor laws.

On July 24, 2024, OSHA issued a press release detailing several new programs intended to help employers comply with federal labor laws. The programs focus on strengthening self-audits, in an effort to not only bolster compliance, but also protect workers and reduce the chance of costly and lengthy litigation or investigation.

Although these programs span several industries, OSHA tends to focus its resources on particularly dangerous hazards or industries. OSHA utilizes inspection data, injury and illness data, peer reviewed reports, and other information in making these determinations.

The recent press release details self-audit programs in the Employee Benefits Security Administration (EBSA), the Mine Safety and Health Administration (MSHA), the Occupational Safety and Health Administration (OSHA), the Office of Labor Management Standards (OLMS), the Veterans’ Employment and Training Service (VETS), and the Wage and Hour Division.

Specifically, within OSHA, the organization’s Voluntary Protection Program, which helps create and maintain effective safety programs, thus lowering rates of work-related injuries, and the On-Site Consultation Program, which offers free, confidential safety and health services to small and medium businesses, will be strengthened.

What legal obligations do employers have under OSHA regulations?

As explicitly outlined by OSHA, employers have numerous legal obligations. Generally, employers must provide their employees with a safe workplace, free from serious hazards and in compliance with the OSH Act.

Specifically, the OSH Act creates a number of responsibilities for employers in maintaining the safety of their employees. Employers must routinely ensure that their workplace conditions conform to OSHA standards. Employees must have access to safe tools or equipment, and employers are responsible for the maintenance of equipment. Employees must be warned of any potential hazards that may exist, whether through color codes, posters, labels, or signs. Safety and health requirements must be clearly outlined in established operating procedures and communicated in a language and vocabulary understood by the workers. Medical examinations and training must be provided by employers when required by OSHA standards. Some sort of visual aid must be posted at a prominent location within the workplace informing employees of their rights under the OSH Act. Should any work-related fatality occur, employers must report the incident to the nearest OSHA office within 8 hours.

All work-related hospitalizations, amputations, or losses of an eye must be reported within 24 hours. Additionally, employers must create and retain records of all work-related injuries or illnesses, with exceptions for certain small businesses. These records must be accessible for employees, former employees and their representatives, and employees must have access to their own medical records and exposure records. Should an employee exercise their rights under the OSH Act, the employer is not permitted to retaliate or discriminate against the employee. See OSHA’s “Whistleblower Protection” page.

How does this initiative relate to whistleblower protections?

As self-reporting guidelines are strengthened, whistleblower reports may increase. It is illegal for employers to retaliate in any way against workers who file complaints with OSHA. If an employer fires, demotes, transfers, or retaliates in any other way, employees should file a whistleblower complaint within 30 days of the alleged retaliation.

What should employees do if they witness safety violations?

Even with strengthened self-audit programs, workplace accidents still occur and safety hazards continue to persist. Employees have the right to file confidential safety and health complaints with OSHA and request an OSHA inspection of the workplace. Signed complaints are more likely to result in an on-site inspection. Employees are protected from any retaliation following their complaint under section 11(c) of the OSH Act.

Additionally, employees may enlist experienced labor and employment attorneys to assist with their case. Miller Shah’s Labor & Employment lawyers have extensive experience litigating occupational health and safety cases, as well as other cases of workplace non-compliance.