The Green/Labor alliance will need to pick its game up

The Tasmanian Public Interest Disclosure Act looks like a toothless tiger compared to the comprehensive application in the US for whistleblower protection under their Occupational Health and Safety Act. WIthout comprehensive whistleblwoer protection legislation in Tasmania the Integrity Commission will be a paper tiger.

The Green/Labor alliance will need to pick its game up if the people of Tasmania are to have any real faith in their commitment to honesty, transparency and integrity in Government.

Directorate of Enforcement http://www.osha.gov/dcp/index.html Programs

Office of the Whistleblower Protection Program Logo

The Whistleblower Protection Program

The Occupational Safety and Health Act is designed to regulate employment conditions relating to occupational safety and health and to achieve safer and more healthful workplaces throughout the nation. The Act provides for a wide range of substantive and procedural rights for employees and representatives of employees. The Act also recognizes that effective implementation and achievement of its goals depend in large measure upon the active and orderly participation of employees, individually and through their representatives, at every level of safety and health activity.

To help ensure that employees are, in fact, free to participate in safety and health activities, Section 11(c) of the Act prohibits any person from discharging or in any manner retaliating against any employee because the employee has exercised rights under the Act.

These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.

OSHA also administers the whistleblowing provisions of seventeen other statutes, protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, health care reform, nuclear energy, pipeline, public transportation agency, railroad and securities laws.

A person filing a complaint of discrimination or retaliation will be required to show that he or she engaged in protected activity, the employer knew about that activity, the employer subjected him or her to an adverse action, and the protected activity contributed to the adverse action.
Adverse action is generally defined as any action that would dissuade a reasonble employee from engaging in protected activity. Depending upon the circumstances of the case, “adverse action” can include:

§ Firing or laying off

§ Blacklisting

§ Demoting

§ Denying overtime or promotion

§ Disciplining

§ Denial of benefits

§ Failure to hire or rehire

§ Intimidation

§ Making threats

§ Reassignment affecting prospects for promotion

§ Reducing pay or hours

The 18 statutes enforced by OSHA and the regulations governing their administration are listed below. Click on any statute to see the whistleblower provisions:

§ Section 11(c) of the Occupational Safety and Health
Act, 29 U.S.C. §660

§ Surface Transportation
Assistance Act (STAA), 49 U.S.C. §31105

§ Asbestos Hazard
Emergency Response Act (AHERA), 15 U.S.C. §2651

§ International Safe Container
Act (ISCA), 46 App U.S.C.
§80507

§ Safe Drinking Water Act (SDWA),
42 U.S.C. §300j-9(i)

§ Federal Water Pollution
Control Act (FWPCA), 33 U.S.C. §1367

§ Toxic Substances Control Act
(TSCA), 15 U.S.C. §2622

§ Solid Waste Disposal Act
(SWDA), 42 U.S.C. §6971

§ Clean Air Act (CAA), 42 U.S.C. §7622

§ Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C.
§9610

§ Energy Reorganization Act
(ERA), 42 U.S.C. §5851

§ Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), 49 U.S.C. §42121

§ Corporate and Criminal Fraud Accountability Act, Title VIII of the Sarbanes Oxley Act (SOX), 18 U.S.C. §1514A

§ Pipeline Safety Improvement
Act (PSIA), 49 U.S.C.
§60129

§ Federal Railroad Safety Act
(FRSA), 49 U.S.C. §20109

§ National Transit Systems Security Act (NTSSA), 6 U.S.C. §1142

§ Consumer Product Safety Improvement Act (CPSIA), 15 U.S.C. §2087

§ Section 1558 of the
Affordable Care Act (ACA), P.L. 111-148

Regulations

§ 29 CFR Part 1977 – Discrimination Against Employees Exercising Rights under the Williams-Steiger Occupational Safety and Health Act

§ 29 CFR Part 1978 – Rules for Implementing Section 405 of the Surface Transportation Assistance Act of
1982

§ 29 CFR Part 1979 – Procedures for the Handling of Discrimination Complaints under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

§ 29 CFR Part 1980 – Procedures for the Handling of Discrimination Complaints under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002

§ 29 CFR Part 1981 – Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety Improvement Act of 2002

§ 29 CFR Part 24 – Interim Final Rule, Procedures for the Handling of Retaliation Complaints under the Employee Protection Provisions of Six Federal Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as amended [PDF]

* Energy Reorganization Act (ERA) Poster [PDF]

Filing a Complaint

If you believe your employer has discriminated against you because you exercised your safety and health rights or other protected activity, contact your local OSHA Office right away.
Most discrimination complaints fall under the OSH Act, which gives you only 30 days to report discrimination. Some of the other laws have complaint-filing deadlines that differ from OSHA’s, so be sure to check.

In addition, depending on the statute, you may need to file your complaint in writing. You can telephone, fax, or mail your OSHA 11(c) complaint. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed, but may be filed with any OSHA officer or employee. For more information, call your closest OSHA Regional Office :

Written complaints may be filed by mail (we recommend certified mail), fax, or hand delivery during business hours. The date postmarked, faxed, or hand-delivered is considered the date filed.

OSHA conducts an in-depth interview with each complainant to determine the need for an investigation. If evidence supports the worker’s claim of discrimination, OSHA will ask the employer to restore the worker’s job, earnings and benefits. If the employer objects, OSHA may take the employer to court to seek relief for the worker. The procedures for investigations of discrimination complaints are contained in the OSHA Whistleblower Investigations Manual: