Image of Can OSHA order the reinstatement of a Sarbanes-Oxley whistleblower?

Can OSHA order the reinstatement of a Sarbanes-Oxley whistleblower?

If OSHA determines there is “reasonable cause” to believe the complaint has merit, with limited exceptions “it shall issue” a preliminary order restoring the complainant to his or her employment status and requiring the employer to take affirmative action to abate the violation.  49 U.S.C. § 42121(b)(3)(B); 29 CFR § 1980.105(a)(1).  Reinstatement orders are immediately effective and are not stayed pending the resolution of any objections or appeal.  See 49 U.S.C. § 4212 (b)(2)(A).  If preliminary, immediate reinstatement is to be ordered under SOX, the investigator first must contact the named party and provide, in writing, the “substance of the relevant evidence” supporting the finding.  29 CFR § 1980.104(f).  The named party must be given an opportunity to provide a written response and to present rebuttal witness statements within 20 days.  Id.; OSHA Manual, at 2-13.

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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.