The United States Department of Labor's Occupational Safety and Health Administration ("OSHA") recently issued a memorandum identifying several types of employer safety policies that may violate the Occupational Safety and Health Act and other whistleblower protection laws. The guidance highlighted several workplace policies and practices that could discourage reporting by employees and could constitute unlawful discrimination and a violation of whistleblower protection provisions. Examples of such policies include those that punish employees who are injured on the job, regardless of the circumstances surrounding the injury; that punish employees for violation of a rule about the time or manner for reporting injuries and illnesses; or that impose discipline for injuries resulting from a violation of a safety rule by the employee. Additionally, OSHA expressed concerns about employer programs that unintentionally or intentionally provide employees an incentive to not report injuries, such as offering a prize or bonus to employees who are not injured over some period of time. This new guidance continues OSHA's recent efforts to heighten and ensure compliance with whistleblower initiatives.
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