Blog Post

Feb 2, 2016

OSHA Issues New Whistleblower Investigations Manual

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Following through on its April 2015 “clarification” of the investigative standard in whistleblower matters, OSHA issued a new whistleblower investigations manual overnight restating the mission of its investigators.
 
The former manual instructed investigators to dismiss a case if complainant could not establish the prima facie elements of the relevant whistleblower statute.  The former manual went on to state that even where the prima facie elements are present, an investigation of the complaint should not be conducted if the respondent demonstrates, by clear and convincing evidence, that it would have taken the same adverse action in the absence of the complainant’s protected activity.
 
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