Follow us on LinkedIn to see future News.
November 8, 2023
The Occupational Safety and Health Administration (OSHA)[1] and the National Labor Relations Board (NLRB)[2]—two agencies that enforce labor laws and workplace safety rules—are joining forces to provide additional protection for potential whistleblowers in the workplace.
On October 31, 2023, the agencies executed a Memorandum of Understanding (MOU) that outlines procedures for the agencies to collaborate in cases involving employee efforts to improve safety conditions. The purpose of the eight-page MOU is to increase employee access to the rights and remedies available to them under federal anti-retaliation and whistleblower protection laws if they speak out about unsafe working conditions. The MOU — which takes effect immediately and will remain in place for five years—calls for, among other things, broad sharing of information, conducting cross-training for staff at each agency, and partnering on investigations to support enforcement activities.
According to Assistant Secretary of Labor for Occupational Safety and Health Doug Parker, “Everyone should be able to exercise their legal rights in the workplace without fear of losing their job or other forms of punishment . . . Our partnership with the National Labor Relations Board will expand both of our agencies’ impact and effectiveness in protecting workers who raise concerns about workplace violations or retaliation.”
While not the first such collaboration between federal agencies,[3] this new arrangement appears to be the first to provide for coordinated investigations and enforcement of laws protecting whistleblowers.
The potential impact on employers of the collaboration between the agencies is increased exposure to potential enforcement actions, legal complaints, and resulting fines.
*Special thanks to Ava Petrellese, our Paralegal, for her contributions to this article.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
[1] OSHA is a federal agency that enforces the Occupational Safety and Health Act of 1970 (the “Act”). The Act’s purpose is to ensure safe working conditions for employees by authorizing the agency to develop and enforce safety standards, and to provide research and education on workplace safety.
[2] The NLRB is a federal agency that protects employees from unfair labor practices and protects the right of private sector employees to unite, with or without a formal union, to improve wages, benefits, and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.
[3] See e.g., our articles about the recent collaborations between the Federal Trade Commission (FTC) and the Department of Labor (DOL) and between the U.S. Equal Employment Opportunity Commission (EEOC) and the DOL, here and here.
