The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced recently that it has formally extended its alternative dispute resolution (ADR) program for whistleblower retaliation claims to all of its offices. OSHA has jurisdiction over 22 different federal laws that provide protection against retaliation to whistleblowers.
The nationwide expansion of its ADR program comes after a determination by OSHA that its “early resolution” pilot program tested in two regions in 2012-2013 was a success. Under the early resolution program, parties to a whistleblower retaliation case can choose voluntarily to work with an OSHA expert to attempt to reach a settlement before the agency opens a complaint investigation. Importantly, the ADR proceedings are strictly confidential.
The OSHA “Instruction” outlining the Early Resolution Program is available on the agency’s website at https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-03-006.pdf.