For years, OSHA has been on the receiving end of considerable criticism regarding its Whistleblower Protection Program responsibilities. Since January 2009, there has been a frontal assault from certain members of the House Committee on Education and Labor1, the General Accounting Office,2,3 and even OSHA’s Inspector General.4 In all fairness, OSHA lacks the staff, money and resources to adequately respond to the thousands of whistleblower complaints received each year.
On May 11, 2010, the Professionals for the Public Interest (PftPI), a labor union-centric organization, held a meeting on whistleblowing. Dr. David Michaels, assistant secretary of labor for occupational safety and health, was the keynote speaker. In his presentation, he stated:
In FY 2009, OSHA received 2,160 complaints and completed 1,947 investigations. Of those completed, OSHA recommended litigation or otherwise found merit in only 3 percent of whistleblower complaints; 20 percent were resolved by settlements reached either by OSHA and the parties or by the parties alone; 63 percent were dismissed; and 14 percent were withdrawn. Our results for the first half of fiscal year 2010 continue in the same disappointing vein.5