Whistleblower protection claims are one of the legal areas where safety, health, and human resources professionals can be placed into a position of working in a coordinated manner, or they may take independent action that can come into conflict internally and have significant consequences for a company. In addition to the standard relief that arises from normal “wrongful discharge” or “discrimination” legal actions, whistleblower claims arising under the Occupational Safety and Health Act of 1970 (OSH Act) or the Federal Mine Safety & Health Act of 1977, as amended (Mine Act) will bring the Occupational Safety and Health Administration (OSHA) or the Mine Safety and Health Administration (MSHA) into the mix. OSHA and MSHA conduct an intense investigation of the complainant’s claim, and in some cases, issue citations or civil penalties in line with their findings. Moreover, myriad environmental DOT and Sarbanes-Oxley whistleblower protections are also enforced by OSHA and can trigger safety and health inspections based on hazards in plain view or complaints raised in the course of an unrelated whistleblower investigation.
In this practical webinar, you will receive a detail overview of the rights of employees under the OSH Act, Mine Act, and other whistleblower statutes whose causes of action are investigated and prosecuted by OSHA/MSHA. You will also navigate the interrelationship of these claims with other protections, under workers’ compensation laws, and federal statutes such as the Americans with Disabilities Act. Among other things, you will define what constitutes “adverse action,” “protected activity,” and the procedural distinctions among these various federal laws. You will also address how OSHA’s new e-Recordkeeping rule expands whistleblower protections and covers issues including:
- Safety incentive programs
- Worker discipline
- Drug testing of injured workers
Finally, you will review recommendations for handling these complaints from the employer’s perspective and the expansion of these protections in pending congressional legislation.
Upon course completion, you will be able to:
- Outline the distinction between whistleblower protections under Section 11(c) of the OSH Act and the 2016 expansion under 29 CFR Part 1904, which can lead to $132,598 penalties per affected worker
- Document legitimate business reasons for adverse actions against workers, particularly those who have previous histories of safety-related protected activity
- Determine how whistleblower protections under Section 105(c) of the Mine Act can apply to contractors and lead to personal liability for supervisors of up to $72,000
- Determine which actions constitute “protected activity” and when terminated workers can be granted temporary reinstatement during the pending whistleblower litigation
- Identify what statutory changes may be forthcoming and the status of litigation challenging OSHA’s expanded whistleblower protections
Adele Abrams
Adele L. Abrams P.C.
Adele Abrams is an attorney, Certified Mine Safety Professional, and trainer. She is president of the Law Office of Adele L. Abrams P.C. in Beltsville, MD, Charleston, WV, and Denver, CO. Her multi-attorney firm focuses on representing employers in OSHA/MSHA matters and employment law nationwide. She also serves as adjunct faculty of University of Colorado and Catholic University, where she instructs on employment law. Ms. Abrams is a nationally recognized expert on mine and occupational safety and health issues. She is a member of multiple state bars and federal courts, including the United States Supreme Court.
CLE Credits (Law)
| Credit | Value | Type | Format |
|---|---|---|---|
In some CLE states, the course will be submitted to the bar after you register. If for any reason the course is not approved, we will fully refund your registration fee. If a state is listed on this course, then we are confident the course fits that state's standards and already is or will be approved for credit.
HR Credits
| Credit | Value | Type | Format |
|---|---|---|---|
| HRCI | 1.25 |
General |
On-Demand/Recording |
| SHRM | 1.25 | On-Demand/Recording |
Compliance Credits
| Credit | Value | Type | Format |
|---|---|---|---|
| CCB | 1 | On-Demand/Recording |
For Compliance courses, we have listed the credit we believe this course is eligible for. After completing the course, you will receive instructions for submitting the course to the Compliance Certification Board (CCB). This education activity has not been submitted to the Compliance Certification Board (CCB)®for review or approval of its educational content. Please [email protected] directly regarding the applications and documentation necessary to submit applicable compliance related education to CCB for their review.
What is a webinar?
A webinar is simply a seminar that you attend online. You either watch a live video feed of the speaker or listen to the speaker through your computer, tablet or phone’s audio. You see the speaker’s slides, videos, and other presentation materials on your screen.
Can I ask questions during the webinar?
Yes. During the live webinar, you may submit questions and comments and the speaker will respond verbally. For a recorded webinar, your questions will be emailed to the speaker. You will typically receive a response from the speaker within two business days.
Can I attend using a tablet or smartphone?
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If I can’t attend a webinar live, can I view the recording later?
Yes. Shortly after each live program ends, we send all webinar registrants a link to the webinar recording. You can view the recording as many times as you like after the live webinar for up to 12 months.
What is an on-demand webinar?
An on-demand webinar is a previously recorded webinar that you may view at any time after your purchase for up to 12 months.
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Can I listen to recorded webinars on a tablet or smartphone?
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Do the webinars qualify for Continuing Education Credit?
Almost all of our webinars are approved for continuing education credit, including CLE (in all states), CCB, CPE, HRCI, IRS and SHRM credit. Unlike many providers, we don’t charge you any additional fee to process your credit. If you have specific questions, please call us at 703-372-0550 or contact us.
Can I still receive Continuing Education Credits if I view the webinar recording instead of the live presentation?
In most cases, the answer is yes. Recorded webinars are not eligible for CLE credit in the following states: AR, KS, MS, NE, and RI. In all other jurisdictions, recorded programs are eligible for credit. In addition, CPE credit is not available for recorded webinars. Please note that recorded webinars are only eligible for a certain period of time based on the jurisdiction. To ask about your specific type of Continuing Education Credit or the requirements in your jurisdiction, please call us at 703-372-0550 or contact us.
Will I receive a certificate of completion after the course?
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How do I determine my states’s CLE requirements.
Please find your state listed here with instructions for calculating the number of credits in your state.
How will I submit my attendance to receive CLE credit in my state?
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