KMB partner Michael Filoromo recently discussed alternatives to OSHA enforcement in the Bloomberg Law article, “Whistleblower Attorneys Are Looking Beyond Safety Law Boundaries.”
While the Occupational Safety and Health Act’s whistleblower provision is great in theory, it’s often “really unhelpful” in practice because it doesn’t allow workers to be represented by private attorneys. As a result, many attorneys are looking for ways to fit complaints about health and safety violations into other legal areas. For example, Mr. Filoromo said that safety claims might cross into other whistleblower laws, such as the Sarbanes-Oxley Act, that give workers more time and options for resolving their complaint.
“When someone comes to us and they’ve clearly complained about something that is, for example a safety issue, we have to step back and look at it creatively,” Mr. Filoromo said.
Read the full article here.