OSHA Revises Whistleblower Investigations

Clarifies remedies and settlements

OSHA has updated its Whistleblower Investigations Manual to increase uniformity and predictability in the settlement and damages aspects of whistleblower cases: a significant benefit for both employers and workers, and their attorneys.

Revisions to Chapter 6 in the manual, “Remedies and Settlement Agreements,” lay out OSHA’s guidelines for ordering compensatory and punitive damages, including the factors that OSHA uses for calculating these damages.

The chapter affirms that OSHA may award compound interest for out-of-pocket damages, such as credit card interest, annuity losses, and job search expenses incurred by a worker as the result of unlawful retaliation by an employer. The revised chapter also clarifies the method OSHA follows to award attorneys’ fees under appropriate statutes.