COVID-19 Increased Whistleblower Complaints: What’s Next?
While labor shortages and supply-chain woes dominated U.S. economic news in 2021, another workplace dynamic was unfolding. Faced with resourcing challenges, employees increasingly found themselves in unsafe work environments and willing to report their employers for cutting corners on safety.
Whistleblower complaints reached new heights during the COVID-19 pandemic, according to a recent report from The Pew Charitable Trusts. During the 2021 fiscal year, the Occupational Safety and Health Administration(OSHA) received more than 4,600 whistleblower complaints — more than double the average number of complaints made over each of the previous five years.
Of those complaints, more than half were related to COVID-19, Pew reported.
The COVID-19 pandemic may be waning, but labor shortages and supply-chain difficulties are expected to persist for the near future. Given those realities, how can employees take action against unsafe or unscrupulous business practices, and what advice should employers heed?
Employees have the right to file a confidential safety and health complaint and request that OSHA inspect their workplace if they believe their workplace has a serious hazard or their employer is not following OSHA standards.
Reporting workplace can be a difficult decision, as employees are frequently retaliated against and face a stigma for whistleblowing. If they plan to report the hazard, OSHA advises to do so as soon as possible after noticing it. If they’re retaliated against for filing a complaint, they may need to also file a whistleblower complaint.
In these instances, we recommend the following:
1. Act Quickly
If you believe your employer has retaliated against you for reporting workplace safety or health hazards, you need to contact OSHA as soon as possible. Federal law requires whistleblowers to file a complaint with OSHA within 30 days of the alleged violation.
You might wonder what exactly qualifies as retaliation. Retaliation doesn’t have to be the worst-case scenario of being fired or laid off from a position. It can also include experiencing threats or intimidation from an employer, having your pay or hours cut, being reassigned to another job with less opportunity for promotion, being blacklisted or demoted, or disciplined.
If any of these things happen to you, you can file a whistleblower complaint online, over the phone, by mail or email or in person at your local OSHA office.
2. Seek Counsel
Speaking with an employment attorney can be helpful for employees facing the tough decision of reporting their workplace for hazards or retaliation. Attorneys can help whistleblowers better understand their rights under the law and navigate the process, as well as better understand potential outcomes that accompany whistleblowing.
When it comes to employers, we have the following recommendations for handling complaints.
1. Be Proactive
Once OSHA has received a complaint about a hazard in the workplace, it will send a complaint letter to the employer. The letter will include details of the alleged hazard, and OSHA will use the letter to request information like the company's policies and procedures as they relate to the hazard.
Employers are required to respond to the complaint letter within five days, in writing, addressing the alleged hazards identified. Employers should also give OSHA notice of actions they have taken or plan to take to correct the hazard.
2. Avoid Retaliation
Employers should avoid taking any actions that could be seen as retaliatory. Retaliation is illegal and can lead to bigger legal trouble for a company, including needing to defend itself against a whistleblower investigation by OSHA. Focus on achieving compliance with the law and let cooler heads prevail.
3. Seek Guidance
Like employees, employers should also seek out the counsel of employment attorneys. Long before an employer receives a complaint, counsel can help ensure a company is complying with OSHA standards. They can also help employers respond to complaints and whistleblower investigations as they arise.
If you're struggling with whether to report unsafe conditions in your workplace or are facing a whistleblower investigation, contact the skilled attorneys at Berman North. We specialize in whistleblower matters. Through our personalized, client-focused representation, we will help find the best solution for you.