The Occupational Safety and Health Administration (OSHA) has issued an August 18, 2015, directive detailing the policies and procedures of a new early resolution process to be used as part of an alternative dispute resolution (ADR) program for whistleblower cases. Piloted in two of OSHA's regions from October 2012 to September 2013, the process proved to be a successful method for helping parties to reach a mutual and voluntary outcome to their whistleblower cases. Specifically, the ADR program offers whistleblower parties the opportunity to negotiate a settlement with the assistance of a neutral, confidential OSHA representative who has subject-matter expertise in whistleblower investigations. Because the pilot demonstrated that having staff dedicated to facilitating settlement negotiations provides an efficient and effective service that is highly desired by complainants and respondents alike, OSHA decided to make the process available to all of its regions. The agency notes that this directive does not prohibit OSHA whistleblower offices from offering complainants and respondents other ADR processes, such as third-party mediation. "OSHA receives several thousand whistleblower complaints for investigation each year," states Assistant Secretary of Labor for Occupational Safety and Health David Michaels, PhD, MPH, in an August 19, 2015, OSHA news release. "The alternative dispute resolution process can be a valuable alternative to the expensive and time consuming process of an investigation and litigation. It will provide whistleblower complainants and respondents the option of exploring voluntary resolution of their disputes outside of the traditional investigative process."

HRC Recommends: Healthcare organizations should take a proactive approach to occupational health and safety. Components may include a culture of health and wellness, assessment of the occupational health service's organization and functions, integration of occupational health and safety across relevant departments, promotion of the occupational health service, a surveillance plan, evaluation and improvement, and a wellness program. Risk managers should familiarize themselves with available ADR mechanisms.