Whistleblowing is a courageous act that involves reporting wrongdoing within an organization. As a result, it is crucial for whistleblowers to understand what to expect during the investigative process.
Confidentiality and Anonymity
Your identity as a whistleblower will be kept confidential, which is a critical measure to shield you from potential retaliation from your employer. However, there may be instances where it becomes necessary to reveal it, particularly if legal action is pursued.
Initial Assessment
The Occupational Safety and Health Administration (OSHA) is responsible for handling whistleblower complaints. Upon receiving it, the agency will conduct an initial assessment to determine the severity and credibility of the allegations. Have copies of any relevant documentation related to your claim ready to submit. Based on this assessment, they will decide whether to proceed with a full-scale investigation or take other appropriate action.
Interviews and Evidence Collection
You can expect to be interviewed by OSHA investigators. This interview will focus on gathering detailed information about the alleged wrongdoing. The investigators will also interview the individuals involved in the alleged misconduct, as well as any relevant witnesses. Any documents or evidence you provide will be carefully examined. This may include emails, memos, financial records, or any other relevant materials. Both you and your employer will receive copies of all documents that are submitted to OSHA. Your employer will also be able to write a letter in their defense against the allegations.
Investigation Timeline
The length of the investigation can vary widely depending on the complexity of the case. A thorough and fair process is essential, even if it takes time. Regular updates on the progress of the investigation should be provided to all parties involved, including the whistleblower. The complaint can also be settled by the parties involved outside of OSHA’s investigation at any time.
Findings and Recommendations
At the conclusion of the investigation, a detailed report summarizing the findings will be generated. This report may also include necessary remedies or corrective action. This could range from job reinstatement and disciplinary measures to implementing systemic changes within the company. OSHA may follow up to ensure that the changes are completed. In some cases, ongoing monitoring may be necessary to ensure that the issues addressed in the investigation do not recur. If either party objects to OSHA’s remedies, they have the option to have the case heard by an administrative law judge. If the parties cannot reach a settlement on any retaliation that took place, the case will be passed on to the Department of Labor then tried in a district court.
How Do You File a Whistleblower Complaint?
Before filing a whistleblower complaint with OSHA, it is highly advisable to consult a Los Angeles whistleblower lawyer. They can provide guidance based on the specifics of your case and help you file the complaint. There are four ways to submit a form:
- Visit the OSHA Whistleblower Protection Program Website and fill out a complaint form to submit online. OSHA provides various forms for different types of workplace violations.
- Call 1-800-321-OSHA (6742)
- Fax/Mail/Email your local OSHA Regional or Area Office
- In person by visiting your local OSHA Regional or Area Office
Complaint forms can be filed in any language.