White Paper

OSHA Issues New Guidance Barring Restrictions on Whistleblowing

 
“OSHA’s Directorate of Whistleblower Protection Programs has issued new policy guidelines on provisions in settlement agreements that restrict whistleblowing. The policy guidance states that “OSHA will not approve a ‘gag’ provision that prohibits, restricts, or otherwise discourages a complainant from participating in protected activity,” and defines “protected activity” to include “filing a complaint with a government agency, participating in an investigation, testifying in proceedings, or otherwise providing information to the government.”

The new policy guidance clarifies that unlawful “gag clauses” encompass not only express prohibitions on providing information to government agencies, but also indirect restrictions on protected conduct that could dissuade whistleblowing, including broad confidentiality or non-disparagement clauses. In particular, the policy guidance, which will be added to OSHA’s Whistleblower Investigations Manual, identifies four types of settlement provisions that can constrain whistleblowing:”

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Jason Zuckerman litigates whistleblower retaliation, qui tam, wrongful discharge, discrimination, non-compete, and other employment-related claims, and authors the Whistleblower Protection Law Blog. His broad experience includes practicing employment law at a national law firm, serving as a Principal at The Employment Law Group, and serving as Senior Legal Advisor to the Special Counsel at the U.S. Office of Special Counsel, the federal agency charged with protecting whistleblowers in the federal government.

Faculty

Jason Zuckerman

Zuckerman Law