OSHA Orders Whistleblower Reinstated

Whistleblower David Windhauser, a controller for the Trane Corporation, must be reinstated and paid more than $105,000 in back wages, ruled the Department of Labor's Occupational Safety and Health Administration (OSHA).

OSHA referred to the whistelblowing provisions of the Sarbanes-Oxley Act of 2002 when making its ruling that Windhauser's termination after he raised questions about the company's accounting practices to his supervisors, Business & Legal Reports (BLR.com) reported.

Windhauser complained to OSHA's New York regional office after he was terminated. Patricia K. Clark, OSHA's regional administrator in New York, told BLR that an investigation by her office determined that Windhauser had been discharged in violation of Sarbanes-Oxley.

BLR reported that under Sarbanes-Oxley (the Corporate and Criminal Fraud Accountability Act), an employee may file a complaint with OSHA if the employee has been retaliated against by his or her employer for reporting suspected corporate fraud or other activities related to fraud against shareholders. If OSHA determines after an investigation that an employee's complaint has merit, it can order remedies such as reinstatement and back pay.

"This is precisely the type of whistleblowing activity that is protected under the law," Clark told BLR. "We are determined to enforce the law so that employees who expose corporate wrongdoing know they will be protected."

Whistleblower provisions in 14 laws, including Sarbanes-Oxley, are enforced by OSHA.

Windhauser and the Trane Corporation each have 30 days to file objections and request a hearing on the matter with the Labor Department's Office of Administrative Law Judges, BLR reported.

You may like these other stories...

A new report released on Tuesday found that the US airline industry receives nearly $1 billion in tax breaks annually from states for jet fuel.The study, conducted by UNITE HERE International Union, a labor union that...
Boehner, Camp profit from corporate bid to avoid US taxesRichard Rubin of Bloomberg reported on Tuesday that House Speaker John Boehner (R-OH) and House Ways and Means Committee Chairman Dave Camp (R-MI) profited from a...
The Republican civil war on taxes is comingA specter is haunting the Republican Party – the specter of Ronald Reagan’s tax cuts, Matt O’Brien of Washington Post Wongblog wrote on Friday.For the last 35...

Already a member? log in here.

Upcoming CPE Webinars

Aug 28
Excel spreadsheets are often akin to the American Wild West, where users can input anything they want into any worksheet cell. Excel's Data Validation feature allows you to restrict user inputs to selected choices, but there are many nuances to the feature that often trip users up.
Sep 9
In this session we'll discuss the types of technologies and their uses in a small accounting firm office.
Sep 11
This webcast will include discussions of commonly-applicable Clarified Auditing Standards for audits of non-public, non-governmental entities.
Sep 26
In this jam-packed presentation Excel expert David Ringstrom, CPA will give you a crash-course in creating spreadsheet-based dashboards. A dashboard condenses large amounts of data into a compact space, yet enables the end user to easily drill down into details when warranted.