OSHA’s New Bad Actor List

An OSHA “severe violators” pilot program has been rolled out in four Midwestern states. It will have significant implications for employers in those states, and could at some point go national, says a post from Morgan Lewis. The ominous sounding “W-SVEP” – that’s Whistleblower Severe Violator Enforcement Program – puts a company on a W-SVEP list  if it’s determined that it has engaged in “egregious behavior and blatant retaliation against workers who report unsafe working conditions and violations of law” under any of the 22 whistleblower statutes enforced by OSHA. To be on the list means the company will be subject to more stringent inspection procedures, enhanced settlement provisions and increased public scrutiny. Once on the list, write Morgan Lewis attorneys Lewis M. Csedrik and Jonathan L. Snare, “there does not appear to be an easy or clear way for an employer to be removed.”