Whistleblower Protection Program

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(No Transcript)
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Whistleblower Protection
Program
(WPP)

• William Henry Yost
• January 22, 2008

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Congress has delegated the whistleblower
provisions of 17 different statutes for 9
different agencies to the Secretary of
LaborThese agencies areOccupational Safety
Health AdministrationDepartment of
Transportation (DOT)Environmental Protection
Agency (EPA)Department of Energy (EPA)Nuclear
Regulatory Commission (NRC)Federal Aviation
Administration (FAA)Department of Homeland
Security (DHS)Security Exchange Commission
(SEC)Consumer Product Safety Commission (CPSC)
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The Whistleblower Statues that have been
delegated for the WPP Section of OSHA to
investigate are

• _________________________________
• Section 11(C) of the Occupational Safety and
  Health Act (OSHA)
• Section 211 of the Asbestos Hazard Emergency
  Response Act (AHERA)
• Section 7 of the International Safe Container Act
  (ISCA)

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• Section 31105 of the Surface Transportation
  Assistance Act (STAA)
• Section 1450 of the Safe Drinking Water Act
  (SDWA)
• Section 507 of the federal Water Pollution
  Control Act (FWPCA)
• Section 7001 of the Solid Waste Disposal Act
  (SWDA)
• Section 110 of the Comprehensive Environmental
  Response Compensation and Liability Act (CERCLA)

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• Section 322 of the Clean Air Act (CAA)
• Section 23 of the Toxic Substance Control Act
  (TSCA)
• Section 211 of the Energy Reorganization Act
  (ERA)
• Section 519 of the Wendell H. Ford Aviation
  Investment and Reform Act for the 21st Century of
  2000 (AIR 21)
• Section 60129 of the Pipeline Safety Improvement
  Act of 2002 (PSIA)

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• Section 806 of the Corporate and Criminal Fraud
  Accountability Act of 2002 (SOX)
• Section 1142 of the National Transit Systems
  Security Act (NTSSA)
• Section 20109 of the Federal Rail Safety Act
  (FRSA) as amended by Section 1521 of the
  Implementing Recommendations of the 9/11
  Commission Act of 2007
• Section 219 of the Consumer Product Safety
  Improvement Act of 2008

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29 CFR 1904 Recording and Reporting Occupational
Injuries and Illness 1904.36-Prohibition
against discrimination Section 11(c) of the OSH
Act prohibits anyone from discriminating against
an employee for reporting a work-related
fatality, injury or illness. This provision of
the Act also protects the employee who files a
safety and health complaint, asks for access to
the Part 1904 records, or otherwise exercises any
rights afforded by the OSH Act.
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Of the 17 Statues, 14 have a private right of
action. This means that either party can appeal
the Secretarys Findings to the Administrative
Law Judge (ALJ).
WPP
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The U.S. Department of Labor generally does not
represent any party in the hearing rather, each
party presents his or her own case. The hearing
is an adversarial proceeding before an ALJ, in
which the parties are allowed an opportunity to
present their evidence de novo for the record.
The ALJ who conducts the hearing will issue a
decision based on the evidence, arguments, and
testimony presented by the parties. Review of
the ALJ's decision may be sought from the
Administrative Review Board. (At the Assistant
Secretary's discretion, the Assistant Secretary
may participate as a party or may participate as
amicus curiae at any time in the proceedings.)
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Of these 14 statutes which have a private right
of action, 8 of the statues have a kick out
provision.
This provision states if the Secretary has not
issued a final decision within certain number of
days of the filing of the complaint and there is
no showing that such delay is due to the bad
faith of the claimant, the claimant can bring an
action at law or equity for de novo review in the
appropriate district court of the United States,
that the claim
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Web Sites http//www.osha.gov http//www.osha.go
v/dep/oia/whisdtleblower http//www.oalj.dol.gov

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(No Transcript)