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Whistle-Blower Complaints and COVID-19 | How to Deal with the Increase of Liability

5238
Duration : 60 Minutes

This course, has been approved for 1 HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).


Edwin G. Foulke, Jr.,

Edwin G. Foulke, Jr is a partner in the Atlanta office of Fisher & Phillips LLP, a leading national labor and employment law firm. He is the former co-chair of the firm’s Workplace Safety and Catastrophe Management Practice Group, recognized as one of the leading national Read more


The COVID-19 pandemic has caused a tremendous impact on employment in the United States. As a result, there has been a significant number of employees laid off while employees who remain on the job have and are facing many novel safety and health issues. This has resulted in OSHA receiving an increase in a number of whistleblower complaints. History involving past major catastrophic events such as 9/11, resulted in a significant increase in whistleblower claims. Employers must prepare for more complaints and resulting whistleblower investigations by OSHA. This program will discuss how to properly and legally handle discipline and/or termination of an employee so not to be covered under any of the 23 whistleblower statues overseen by OSHA. This webinar will examine what is “protected activity” and “adverse employment action”. It will discuss both the employee’s and employer’s burden of proof. The program will discuss how to properly handle a whistleblower investigation. Finally, the webinar will examine the potential remedies for whistleblower violations and settlement options.

Course Objectives:

• You will be able to recognize protective activity especially COVID-19 activity covered under various whistleblower statutes.

• You will be able to explain why actions taken by your company are not covered under federal whistleblower laws covered by OSHA.

• You will be able to identify how to handle an OSHA whistleblower inspection and properly respond to OSHA investigators.

• You will be able to explain how employers’ response to COVID-19 employment actions as well as layoffs, discipline and/or any other terminations of employee was proper and neither discriminatory or retaliatory.

Why Should You Attend:

The COVID-19 pandemic has caused a tremendous impact on employment in the United States. As a result, there has been a significant number of employees laid off, while employees who remain on the job have and are facing many novel safety and health issues. This has resulted in OSHA receiving an increase in a number of whistleblower complaints. Employers must prepare for more complaints and resulting whistleblower investigations by OSHA. This webinar will examine what is “protected activity” and “adverse employment action.” It will discuss both the employee’s and the employer’s burden of proof. The program will discuss how to properly handle a whistleblower investigation. Finally, the webinar will examine the potential remedies for whistleblower violations and settlement options.  

Course Outline:

I. How the Coronavirus Pandemic Has Impacted OSHA Whistleblower Claims

a. OSHA’s Whistleblower Protection Program

b. Protected Activity

c. Direct Court Statutes

II. Overview of Investigative Process

a. Filing a Complaint

b. OSHA’s Investigation

c. Witness Interviews

III. OSHA’s Settlement Policy

a. Penalties

b. Best Practices

What You Get:

• Training Materials

• Live Q&A Session with our Expert

• Participation Certificate

• Access to Signup Community (Optional)

• Reward Points

Who Will Benefit:

• Safety Directors

• Safety Professionals

• HR Directors and Managers

• Production Managers

• Supervisors

• Workers Comp Managers

• Safety Committee Members

• Maintenance Department Managers

Please reach us at 1-888-844-8963 for any further assistance or if you wish to register

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Subject : Whistle-Blower Complaints and COVID-19 | How to Deal with the Increase of Liability


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