The U.S. Department of Labor's Occupational Safety and Health Administration issued an updated its internal whistleblower investigation manual this month with the latest information on case-handling procedures, new laws, and a guide to address retaliation complaints under 21 whistleblower statutes assigned to OSHA.

The manual, which was last updated in 2003, includes new regulations and corrections and enhancements to the previous version. Significant changes to the manual include:

Three new chapters explaining OSHA's processing and investigation of whistleblower complaints

Adoption of “global” sample letter, standard letter format with prompts for easy modifications for use in investigations

Changes in Privacy Act files and Freedom of Information Act requests

Clarification that whistleblower complaints are acceptable both orally or by electronic submission through OSHA's whistleblower Website

Requirements for investigators to interview all complainants in cases filed

Name change from "Final Investigation Report" to the "Report of Investigation"

Clarification on how back pay and other damages are calculated based on the Internal Revenue Service's interest on tax underpayment

Ruling on secretary findings, which must be issued for all dismissed cases that govern the Occupational Safety and Health Act, Asbestos Hazard Emergency Respond Act, and International Safe Container Act

In addition, the manual introduced new rules for processing such whistleblower complaints under five different legislative acts covering specific industries such as transport and consumer product safety. The most significant updates are the amendments to the Surface Transportation Assistance Act and the Sarbanes-Oxley Act. Earlier amendments to the Act include those under the 9/11 Act, while the latest update under SOX requires the addition of nationally recognized statistical rating organizations and their affiliates to be included as part of the covered respondents.

The new script also includes the procedure for OSHA personnel for dealing with uncooperative respondents, and it expands OSHA's authority to issue administrative subpoenas during investigations.

In a statement released by the department, it said the newly updated manual will provide further guidance to ensure consistency and quality of OSHA investigations. During the announcement of the impending release of the manual back in August, OSHA Assistant Secretary Dr. David Michaels said, “The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value.”

According to a memo issued by law firm Blank Rome, OSHA's heightened attention to whistleblower activity highlights for employers the need to carefully evaluate any employment decisions that may implicate whistleblower protections. “These statutes prohibit employers from discharging or otherwise retaliating against individuals who complain, participate in an inspection, or participate or testify in any proceeding related to a complaint,” it said.

OSHA's whistleblower protection program enforces the whistleblower provisions of 21 statutes, including the FDA Food Safety Modernization Act, the Consumer Product Safety Improvement Act, the Affordable Care Act, Consumer Financial Protection Act, the Compensation and Liability Act, the Solid Waste Disposal Act, the Energy Reorganization Act, and others.

OSHA's whistleblower program differs from those of SOX and the Dodd-Frank Act as it only handles whistleblower cases for possible intentional violation of safety-related cases. SOX, on the other hand, deals with accounting and securities fraud committed by publicly traded companies. The whistleblower program under Dodd-Frank expanded SOX's liability provision further to include publicly traded companies, their subsidiaries, and affiliates. The latter rule also extended the statute of limitations for filing claims with the Labor Department from 90 days to 180 days and includes the bounty reward system for whistleblowers.