Date: May 12, 2022
Whistleblower claims filed under the Occupational Safety and Health Act come with some limitations — namely, a very strict deadline and OSHA’s control of the investigation. TELG’s Nick Woodfield explained to Bloomberg Law that many of these cases, however, overlap with other laws, which may give whistleblowers more options — including the option to be represented by private counsel.
Quoteworthy:
“If the law says something and I can use it for an unanticipated result, but it’s clearly within the law, then I’ve just expanded the law.”
Nicholas Woodfield
» View on Bloomberg Law (Site requires paid subscription.)
[EXCERPT]
Whistleblower Attorneys Are Looking Beyond Safety Law Boundaries
Complaints about what appear to be OSHA health and safety rule violations could morph into violations of an entirely different nature, such as civil rights, environmental, or financial regulations, say attorneys representing employees in workplace retaliation cases.
[….]
Nicholas Woodfield, a principal with The Employment Law Group P.C. in Washington, prefers not to call what he does “creative litigation.”
“I would call it testing the limits of the law,” Woodfield said. “If the law says something and I can use it for an unanticipated result, but it’s clearly within the law, then I’ve just expanded the law.”
The difficulty with the OSH Act whistleblower claims is that they must be filed within 30 days of the employer’s retaliatory action and OSHA retains control of the investigation and decisions on whether the worker has a valid claim, the attorneys said.
Filoromo and Woodfield said safety cases may cross into other whistleblower laws such as clean air and clean water and a financial regulation—the Sarbanes Oxley Act—that allow more time for developing and filing a complaint, the option of going to federal court, and being represented by private counsel.
[….]
When a worker comes to him with retaliation fears, Woodfield said he advises the worker to make it clear to supervisors the concerns being raised and to start documenting with notes and records the actions taken that are protected by whistleblower laws.
“We have them engage in a protected activity,” Woodfield said.
» View on Bloomberg Law (Site requires paid subscription.)
