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Note: An Annual Comprehensive Review, as required by §7 of the Federal Advisory Committee Act, is conducted each year on committee data entered for the previous fiscal year (referred to as the reporting year). The data for the reporting year is not considered verified until this review is complete and the data is moved to history for an agency/department. See the Data From Previous Years section at the bottom of this page for the committee’s historical, verified data.


DOL - 80475 - Whistleblower Protection Advisory Committee - Agency Authority
Hide Section - GENERAL INFORMATION

GENERAL INFORMATION

Committee NameWhistleblower Protection Advisory CommitteeAgency NameDepartment of Labor
Fiscal Year2018Committee Number80475
Original Establishment Date6/1/2012Committee StatusTerminated
Actual Termination Date4/25/2018Committee URL 
New Committee This FYNoPresidential Appointments*No
Terminated This FYYesMax Number of Members*15
Current Charter Date4/25/2016Designated Fed Officer Position Title*Deputy Director, Directorate of Whistleblower Protection Programs
Date Of Renewal Charter Designated Federal Officer PrefixMr.
Projected Termination Date4/25/2018Designated Federal Officer First Name*Anthony
Exempt From Renewal*NoDesignated Federal Officer Middle Name
Specific Termination AuthorityDesignated Federal Officer Last Name*Rosa
Establishment Authority*Agency AuthorityDesignated Federal Officer Suffix
Specific Establishment Authority*Agency AuthorityDesignated Federal Officer Phone*(202) 693-1989
Effective Date Of Authority*6/1/2012Designated Federal Officer Fax*(202) 693-2403
Exempt From EO 13875 Discretionary Cmte Designated Federal Officer Email*rosa.anthony@dol.gov
Committee Type*Continuing
Presidential*No
Committee Function*Other Committee
Hide Section - RECOMMENDATION/JUSTIFICATIONS

RECOMMENDATION/JUSTIFICATIONS

Agency Recommendation*Terminate
Legislation to Terminate RequiredNo
Legislation StatusNot Applicable
How does cmte accomplish its purpose?*The WPAC was convened to advise, consult, and make recommendations to the Secretary and the Assistant Secretary regarding matters relating to investigations of whistleblower complaints filed under the whistleblower statutes OSHA enforces. Specifically, WPAC made recommendations regarding the development and/or implementation of: better customer service to both workers who raise complaints and employers who are subject of investigations; improvement in the investigative and enforcement process, and training of OSHA investigators; improvement of regulations governing OSHA investigations; cooperative activities with federal agencies responsible for areas also covered by whistleblower protection statutes enforced by OSHA; and other matters concerning the fairness, efficiency, and transparency of OSHA’s whistleblower investigations as identified by the Secretary or Assistant Secretary. All advice and recommendations by the WPAC were submitted to the Secretary and Assistant Secretary. All necessary support for the WPAC was provided by OSHA.
How is membership balanced?*The WPAC was comprised of 12 voting representative members appointed by the Secretary, one of whom the Secretary appointed to serve as chair. DWPP selected members from the following groups: four members that represented Management in industries covered by the whistleblower laws; four members that represented Labor in industries covered by the whistleblower laws; one member that represented the State OSH Plan states; three members that represented the public with extensive knowledge and expertise on whistleblower statutes and issues. Balance was ensured by the broad cross-section of membership, including those directly affected, interested, and qualified as appropriate to the nature and functions of the council. Composition of the committee depended on several factors, including the geographic, ethnic, social, economic, or scientific impact of the committee’s recommendations; the types of specific perspectives required; the need for divergent points of view on the issues before WPAC; and the relevance of State, local, or tribal governments to the development of the committee’s recommendations. Committee membership was consistent with achieving the greatest impact, scope, and credibility among diverse stakeholders, insofar as to the extent permitted by FACA and other laws. The diversity in membership included, but was not limited to, race, gender, disability, sexual orientation, and gender identity.Members served two-year terms. At the discretion of the Secretary, members were appointed to successive terms and could be removed at any time.
How frequent & relevant are cmte mtgs?*WPAC was chartered to meet twice a year. In accordance with Executive Order 13781, Comprehensive Plan for Reorganizing the Executive Branch, to improve the efficiency, effectiveness, and accountability of Executive Branch agencies, WPAC had been under evaluation by the Department.
Why advice can't be obtained elsewhere?*The purpose of the WPAC emanated directly from the recommendations contained within the General Accountability Office, Office of the Inspector General, and OSHA evaluation reports, as well as recommendations made by a wide array of stakeholders. The WPAC was an advisory and consultative body composed to improve the fairness, efficiency, and transparency of OSHA’s whistleblower investigations.
Why close or partially close meetings?Not applicable
Recommendation RemarksThe WPAC is being replaced with more targeted stakeholder meetings, allowing more focused engagement with specific stakeholders and providing a forum for those individuals to offer the agency ways to improve the program. As evidenced by recent evaluations of the whistleblower program, the need for more effective and efficient examination of the technical aspects of each whistleblower statute would be better served with focused engagement.
Hide Section - PERFORMANCE MEASURES

PERFORMANCE MEASURES

Outcome Improvement To Health Or Safety*YesAction Reorganize Priorities*No
Outcome Trust In GovernmentYesAction Reallocate ResourcesNo
Outcome Major Policy ChangesYesAction Issued New RegulationsNo
Outcome Advance In Scientific ResearchNoAction Proposed LegislationNo
Outcome Effective Grant MakingNoAction Approved Grants Or Other PaymentsNo
Outcome Improved Service DeliveryYesAction OtherNo
Outcome Increased Customer SatisfactionYesAction CommentOSHA has not reorganized priorities, reallocated resources, issued new regulations, proposed new legislation, or approved grants based on any WPAC recommendations.
Outcome Implement Laws/Reg RequirementsYesGrants Review*No
Outcome OtherYesNumber Of Grants Reviewed0
Outcome CommentWPAC aimed to improve the investigative and enforcement process and training of OSHA investigators, as well as other matters concerning the fairness, efficiency, and transparency of OSHA’s whistleblower investigations as identified by the Secretary or Assistant Secretary.Number Of Grants Recommended0
Cost Savings*NoneDollar Value Of Grants Recommended$0.00
Cost Savings CommentWPAC did not generate any cost savings.Grants Review CommentNot applicable
Number Of Recommendations*8Access Contact Designated Fed. Officer*Yes
Number Of Recommendations CommentWPAC made one recommendation at its fifth meeting on November 10, 2015. WPAC recommended a series of methods for disseminating the Recommended Practices document. The committee also recommended a list of organizations to reach out to.WPAC made one recommendation at its fourth meeting on April 21, 2015. WPAC recommended a series of best practices for preventing retaliation against whistleblowers that OSHA can disseminate to organizations. WPAC made four recommendations at its third meeting on September 4, 2014. The Transportation Industry Work Group drafted a recommendation that the full committee revised and approved. The committee recommended that OSHA develop and offer statute-specific training to transportation and other industries subject to whistleblower laws to assist company managers, supervisors, and employees in understanding their rights and responsibilities under whistleblower laws. The 11(c) Work Group drafted three recommendations that the full committee approved. The committee recommended that OSHA work with the Department of Labor's Office of the Solicitor to develop consistent, articulable standards regarding the circumstances when punitive damages may be appropriate in 11(c) cases; OSHA should develop an information and education campaign on the dangers of incentive programs that discourage the reporting of injuries; and OSHA should advocate for specific changes to the provisions of 11(c), including a longer statute of limitations, revised standards of proof, a preliminary right to reinstatement, review by ALJs, right to attorneys' fees and full damages; a kick out provision, and a provision guaranteeing rights similar to that in Section 806 of Sarbanes-Oxley.WPAC made two recommendations at its second meeting on March 11, 2014. Both recommendations originated in the Transportation Industry Work Group and were voted on by the full committee. The first recommendation encouraged OSHA to be more consistent in its information sharing across regions and encouraged investigators to share information with both parties in accordance with laws, regulations, and OSHA's internal guidelines. The second recommendation encouraged OSHA to take steps to improve consistency in the application of laws, regulations, and statutes subject to OSHA's jurisdiction.Access Agency WebsiteYes
% of Recs Fully Implemented*12.00%Access Committee WebsiteYes
% of Recs Fully Implemented CommentOSHA implemented the recommendation regarding information sharing by issuing a memorandum to the field about cross-referrals on June 27, 2014. OSHA has always had a policy of cross-referrals. OSHA has also had a non-public disclosure policy since April 11, 2006. It was formalized in the Whistleblower Investigations Manual in 2011. In addition, OSHA issued instructions to the field on information sharing in April 2012.Access GSA FACA WebsiteYes
% of Recs Partially Implemented*37.00%Access PublicationsNo
% of Recs Partially Implemented CommentOSHA partially implemented the recommendation regarding incentive programs by conducting an internal webinar to its field staff on that topic on February 10, 2015. OSHA conducted a roll-out campaign when the incentive program memo was released on March 12, 2012. On April 24, 2014, prior to WPAC's recommendation regarding changes to 11(c), OSHA's Assistant Secretary advocated for changes to the law before the Senate HELP committee. He reiterated his call on October 7, 2015 before the House Committee on Education and the Workforce.On April 21, 2015, OSHA updated its Whistleblower Investigations Manual to include additional details about how punitive damages are calculated. The update had been in process prior to WPAC's recommendation regarding punitive damages.In the fall of 2013, OSHA began working on a revised training directive for its employees. OSHA has actively been involved in outreach and developing training materials since the whistleblower program was given its own directorate. In January 2017, OSHA issued Recommended Practices for Anti-Retaliation Programs, which was based on a WPAC recommendation. The agency used, in part, a document created by the committee in its dissemination plan for the Recommended Practices document.Access OtherNo
Agency Feedback*YesAccess CommentNot applicable
Agency Feedback Comment*WPAC received Agency feedback at its meetings from several sources. Traditionally the Agency Decision maker, the Assistant Secretary of Labor for Occupational Safety and Health, addressed the committee at each meeting and responded to questions from the committee members. This presentation and discussion routinely included an overview of Agency progress, upcoming events, hot topics and references to more specific staff presentations during the meeting.Narrative Description*The mission of OSHA’s Whistleblower Protection Program is to enforce whistleblower statutes and protect employees who believe they have been the subject of an adverse employment action in retaliation for engaging in activities related to workplace safety or health. These efforts serve to satisfy the Secretary’s strategic initiatives of ensuring workplace health and safety by protecting employees that serve as the frontline of reporting, identifying, and preventing workplace hazards. The Whistleblower Protection Advisory Committee (WPAC) further contributed to this initiative by offering a diverse, educated perspective to support and improve the processes of OSHA’s Whistleblower Protection Program. WPAC made recommendations regarding the development and implementation of: better customer service to both workers who raise complaints and employers who are subject of investigations; improvement in the investigative and enforcement process, and training of OSHA investigators; improvement of regulations governing OSHA investigations; cooperative activities with federal agencies responsible for areas also covered by whistleblower protection statutes enforced by OSHA; and other matters concerning the fairness, efficiency, and transparency of OSHA’s whistleblower investigations as identified by the Secretary or Assistant Secretary.
Hide Section - COSTS

COSTS

Payments to Non-Federal Members*$0.00Est Payments to Non-Fed Members Next FY*$0.00
Payments to Federal Members*$0.00Est. Payments to Fed Members Next FY*$0.00
Payments to Federal Staff*$1,000.00Estimated Payments to Federal Staff*$0.00
Payments to Consultants*$0.00Est. Payments to Consultants Next FY*$0.00
Travel Reimb. For Non-Federal Members*$0.00Est Travel Reimb Non-Fed Members nextFY*$0.00
Travel Reimb. For Federal Members*$0.00Est Travel Reimb For Fed Members*$0.00
Travel Reimb. For Federal Staff*$0.00Est. Travel Reimb to Fed Staff Next FY*$0.00
Travel Reimb. For Consultants*$0.00Est Travel Reimb to Consultants Next FY*$0.00
Other Costs$0.00Est. Other Costs Next FY*$0.00
Total Costs$1,000.00Est. Total Next FY*$0.00
Federal Staff Support (FTE)*0.01Est. Fed Staff Support Next FY*0.00
Cost RemarksEst Cost Remarks
Hide Section - Interest Areas

Interest Areas

Category
Area
Government
Federal Government
Internal Federal Government
Labor
Labor
Occupational Safety and Health
Workforce and Occupations
Hide Section - MEMBERS,MEETINGS AND ADVISORY REPORTS

MEMBERS,MEETINGS AND ADVISORY REPORTS

To View all the members, meetings and advisory reports for this committee please click here
Hide Section - SUBCOMMITTEES

SUBCOMMITTEES

Committee

Subcommittees

 
ActionCommittee System IDSubcommittee NameFiscal Year
 COM-032090Best Practices and Corporate Culture2018
 COM-032107WPAC / Outreach2018
 COM-030160WPAC / Training2018
Hide Section - CHARTERS AND RELATED DOCS

CHARTERS AND RELATED DOCS

No Documents Found
Hide Section - DATA FROM PREVIOUS YEARS

DATA FROM PREVIOUS YEARS

Committee

Data from Previous Years

 
ActionCommittee System IDCommittee NameFiscal Year
 COM-001603Whistleblower Protection Advisory Committee2017
 COM-002840Whistleblower Protection Advisory Committee2016
 COM-003586Whistleblower Protection Advisory Committee2015
 COM-004794Whistleblower Protection Advisory Committee2014
 COM-005829Whistleblower Protection Advisory Committee2013
 COM-007113Whistleblower Protection Advisory Committee2012