Wells Fargo workers: I called the Wells Fargo ethics line and was fired

[mahatmakanejeeves]

9. OSHA's Whistleblower Protection Programs

The Whistleblower Protection Programs

About the Program

En español

OSHA's Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting employees who report violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. Rights afforded by these whistleblower protection laws include, but are not limited to, worker participation in safety and health activities, reporting a work-related injury, illness or fatality, or reporting a violation of the statutes herein.

Workplace Safety and Health

Section 11(c) of the OSH Act prohibits employers from discriminating against their employees for exercising their rights under the OSH Act. These rights include filing an OSHA complaint, participating in an inspection or talking to an inspector, seeking access to employer exposure and injury records, reporting an injury, and raising a safety or health complaint with the employer. If workers have been retaliated or discriminated against for exercising their rights, they must file a complaint with OSHA within 30 days of the alleged adverse action.

Since passage of the OSH Act in 1970, Congress has expanded OSHA's whistleblower authority to protect workers from discrimination under twenty-two federal laws. Complaints must be reported to OSHA within set timeframes following the discriminatory action, as prescribed by each law. These laws, and the number of days employees have to file a complaint, are:

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"Surely that doesn't cover bankers."

Guess again:

Region 4 News Release: 10-332-ATL(149)
March 18, 2010
Contact: Michael Wald Michael D'Aquino
E-Mail: [e-mail] D'[e-mail]
Phone: [phone]

US Labor Department orders Tennessee Commerce Bank to reinstate whistleblower and pay more than $1 million in back wages and other relief
Bank found in violation of whistleblower protection provisions of Sarbanes-Oxley Act

NASHVILLE, Tenn. -- The U.S. Department of Labor's Occupational Safety and Health Administration has ordered Tennessee Commerce Bank in Nashville to reinstate a former corporate officer and pay more than $1 million in back wages, interest, attorney's fees, compensatory damages and other relief. The department found the bank had fired the individual in violation of the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002.

"Sarbanes-Oxley provides protection to workers who report alleged violations of mail, wire, bank or securities fraud; violations of rules or regulations of the Securities and Exchange Commission; or federal laws relating to fraud against shareholders," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "This case clearly shows the department's commitment to ensuring that individuals are provided the protections and relief afforded by the law and sends a strong message that retaliatory actions will not be tolerated."

A complaint filed with OSHA in April 2008 named Tennessee Commerce Bank and Tennessee Commerce Bancorp Inc. as defendants. The complaint alleged that the employee was placed on administrative leave in March 2008 and fired in May 2008 after raising concerns about internal controls, employee accounts, insider trading and other issues. The complainant first raised concerns to the bank's audit committee and later to the Federal Deposit Insurance Corp. and the Tennessee Department of Financial Institutions.

OSHA investigated the complaint as part of its responsibilities to enforce the whistleblower provisions of Sarbanes-Oxley and 16 other statutes protecting employees who report violations of various securities laws; trucking, airline, nuclear power, pipeline, environmental, rail, and workplace safety and health regulations; and consumer product safety laws. Fact sheets and detailed information on employee whistleblower rights are available online at http://www.whistleblowers.gov/index.html .