Labor Inspector General Targets OSHA Whistleblower Program and Penalty Reductions
The U.S. Department of Labor (DOL) Office of Inspector General (IG) issued a couple reports on OSHA activities in October. On October 5, it issued a report (http://www.oig.dol.gov/public/reports/oa/2010/02-10-202-10-105.pdf) faulting the whistleblower program, finding that only 2% of whistleblower complaints were found to have merit by OSHA and that approximately 80% of OSHA investigations did not satisfy one or more of eight elements from the Whistleblower Investigations Manual that are essential to the investigative process. On October 12, it issued another report, “Evaluating the Impact and Use of Hundres of Millions of Dollars in Penalty Reductions as Incentives for Employers to Improve Workplace Safety and Health.” Available at http://www.oig.dol.gov/public/reports/oa/2010/02-10-201-10-105.pdf, the report concluded, “OSHA has not effectively evaluated the impact of $351 million in penalty reductions as an incentive for employers to improve workplace safety and health. Small employers received the largest reductions (78 percent), but generally had the worst safety and health history — more inspections, more fatalities, and more high-gravity serious (likely to cause death) and repeat violations.”