White Paper

OSHA Whistleblower Update: Curious Case of Expanding Agency

 
Did you know that the Occupational Safety and Health Administration (OSHA) enforces and investigates claims under 22 different federal whistleblower laws, ranging from Section 11(c) of the OSH Act to the Clean Air Act, the Consumer Financial Protection Act of 2010, the Safe Drinking Water Act, Sarbanes-Oxley and the Surface Transportation Assistance Act? Given the number of laws that fall within OSHA's purview, it should come as no surprise that the agency has sought to expand its reach of late in ways that may leave employers scrambling to understand the risks and obligations they face when a whistleblower comes forward.

In 2009, OSHA awarded $13.25 million in damages from whistleblower complaints. By 2013, that number exceeded $25 million – an 89% increase. In fiscal year 2016, the awards have been eye-popping: a Michigan janitor was awarded $193,139, an Alaskan aviation company was ordered to pay a pilot over $500,000 and a railroad conductor received over $250,000 in punitive damages alone.

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Elliot G. Cole is an Associate in the Chicago office of Vedder Price and a member of the firm’s Labor & Employment practice group. He focuses his practice on representing management in collective bargaining negotiations with public worker unions and ADA, FMLA and Title VII cases. He also administers client trainings on employee discipline and corrective action plans, hiring employees with disabilities and performance evaluations.

Aaron R. Gelb is a Shareholder at Vedder Price and a member of the firm’s Labor and Employment practice area. He represents employers in all aspects of equal employment opportunity, wrongful discharge and labor relations litigation before federal and state courts and federal, state and local fair employment and administrative agencies such as the EEOC, Illinois Department of Human Rights, Cook County Civil Rights Commission, Department of Labor, National Labor Relations Board and OSHA.

Agenda

Faculty

Aaron R. Gelb

Aaron R. Gelb

Conn Maciel Carey LLP

  • Partner in Conn Maciel Carey LLP’s Chicago office
  • Member of the firm’s OSHA Workplace Safety Practice Group and the Labor and Employment Group
  • Devotes a significant part of his practice to workplace safety and health matters, preparing for and attending worksite inspections, assessing, and negotiating the settlement of federal OSHA and state plan agency citations, in addition to litigating contested citations before the federal Occupational Safety and Health Review Commission, or the applicable forum in state plan states
  • Counsels employers regarding a variety of labor and employment issues, including but not limited to equal employment opportunity, discipline and discharge, handbook and/or policy development/revision, disability accommodations and FMLA compliance
  • Selected by his peers as a Leading Lawyer in Employment Law Management in 2017 and 2018
  • J.D. degree, University of Texas School of Law; B.A. degree, University of Chicago
  • Can be contacted at 312-868-0294 or [email protected]

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