Free Download: Keller & Heckman Whistleblower Alert-Politics and Procedures: OSHA Keeps Control and DOL Conforms Energy and Environmental Whistleblower Regulations

Free Download: Keller & Heckman Whistleblower Alert-Politics and Procedures: OSHA Keeps Control and DOL Conforms Energy and Environmental Whistleblower Regulations

The Occupational Safety and Health Administration (OSHA) has published a new rule, effective January 18th, revising the procedures for handling whistleblower claims arising under the Energy Reorganization Act (ERA) and six environmental statutes: the Safe Drinking Water Act (SDWA); Federal Water Pollution Control Act (FWPCA); Toxic Substances Control Act (TSCA); Solid Waste Disposal Act (SWDA); Clear Air Act (CAA); and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

Almost contemporaneously, the Obama administration rejected DOL's recommendation to transfer authority over whistleblower enforcement cases to the DOL Office of Labor-Management Standards -- the agency responsible for enforcing the provisions of the Labor-Management Reporting and Disclosure Act of 1959. Not surprisingly, unions and whistleblower advocacy groups opposed the transfer. On January 19th, the administration announced that whistleblower enforcement will remain within OSHA and that the administration would direct additional funding to OSHA to buttress the agency's manpower and investigative needs.

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