The U.S. Department of Labor announced that Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under two new whistleblower statutes: The Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering Act.
Under the Criminal Antitrust Anti-Retaliation Act, OSHA will investigate individual whistleblower’s complaints of retaliation for reporting criminal antitrust violations to their superiors or the federal government, or for showing cause, testifying, or participating in, or otherwise assisting an investigation or proceeding related to antitrust law violations.
In Anti-Money Laundering Act cases, OSHA will investigate individual whistleblower’s retaliation complaints for reporting money laundering-related violations to their superior or the federal government; or for showing cause, testifying, or participating in, or otherwise assisting an investigation or proceeding related to a violation of anti-money-laundering laws.
OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health laws, and for engaging in other related protected activities.
An employer cannot take an adverse action against employees, including firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours, for engaging in activities protected by OSHA’s whistleblower laws.
The Criminal Antitrust Anti-Retaliation Act can be accessed at: Criminal Antitrust Anti-Retaliation Act (CAARA) | Whistleblower Protection Program (whistleblowers.gov)
The Anti-Money Laundering Act can be accessed at: Anti-Money Laundering Act (AMLA) | Whistleblower Protection Program (whistleblowers.gov)
Additional information regarding The Whistleblower Protection Program can be accessed at: The Whistleblower Protection Programs | Whistleblower Protection Program (whistleblowers.gov)
Issue:
Employers must provide employees with assurances that reporting wrongdoing will be a protected action. Fear of retaliatory firing is a very real concern for employees. Investigations should be conducted fairly to verify any claims of wrongdoing. At the conclusion of an investigation, the employee should be made aware that wrongdoing was substantiated or not substantiated. Every company must have a zero-tolerance policy for anyone who retaliates against an employee for bringing an issue of wrongdoing to the company’s attention.
Discussion Points:
- Review your policies and procedures for non-retaliation. Ensure that the policy is up-to-date and revise if needed.
- Ensure that all staff are aware of your company’s policy for non-retaliation and the steps the employees should take if they suspect wrongdoing. File signed training documents in each employee’s education file.
- Periodically audit to ensure that all employees are aware of the steps they should take if they suspect wrongdoing and their awareness of the compliance hotline for anonymous reporting.
