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...

At long last, the Obama administration issued draft instructions along with revised draft tax forms that provide companies guidance on how to comply with the Affordable Care Act’s (ACA) employer mandate.The US Treasury...
Treasury Secretary Lew to speak on tax reform, inversionsDamian Paletta of the Wall Street Journal wrote on Friday that Treasury Secretary Jacob Lew is planning a September 8 speech about a controversial corporate strategy...
The IRS requires most freelancers and other self-employed individuals to use the cash method of accounting, under which income isn't counted until cash, a check, or an e-payment is received, and expenses aren't...

Already a member? log in here.

Upcoming CPE Webinars

Sep 9
In this session we'll discuss the types of technologies and their uses in a small accounting firm office.
Sep 10
Transfer your knowledge and experience to prepare your team for the challenges and opportunities of an accounting career.
Sep 11
This webcast will include discussions of commonly-applicable Clarified Auditing Standards for audits of non-public, non-governmental entities.
Sep 18
In this course, Amber Setter will shine the light on different types of leadership behavior- an integral part of everyone's career.