As you may or may not know, OSHA administers the whistleblower portions of about 22 federal statutes. Similar to the recent information from the SEC about problematic language in settlement agreements, OSHA, in its role as administer of the whistleblower program, has recently announced its new guidelines for approving settlement agreements for whistleblower actions.
As many employers know, OSHA has attempted to gain unprecedented power in the inspection process. Indeed, as this article is written, battles are being fought in federal court relative to OSHA’s authority and power in the inspection and rulemaking process.
The Mine Safety and Health Administration (“MSHA”) recently proposed new rules on workplace examinations that may significantly impact mine operators and employers. In recent years, MSHA has been far more willing to use Section 110(c) of the Mine Act – under which monetary penalties and criminal actions can be assessed against individuals - to prosecute matters against lower level employees, increasing the anxiety felt in the mining industry.