The National Labor Relations Board issued Memoradum OM 14-77 on August 8, 2014, informing all regional directors and resident officers that they should notify parties of their right to file a complaint with OSHA if they believe that an employer may have violated a health or safety standard or an anti-retaliation provision of the Occupational Safety and Health Act. The memorandum notes that Board employees should notify parties of their rights to file an OSHA safety complaint or whistleblower complaint only when they believe that a possible violation of the Act exists.
The memorandum also notes that the NLRB will coordinate case proceedings with OSHA, as appropriate, when it learns during processing of an unfair labor practice charge that OSHA is handling a parallel investigation.
This memorandum is another step by OSHA in coordinating investigations with other federal agencies and expanding the avenues in which employees are made aware of their rights to file both safety complaints and anti-retaliation complaints against their employers. As with the recent Memorandum of Understanding issued with the Federal Motor Carrier Safety Administration, it is likely that more OSHA complaints will be filed and more investigations will be conducted that employers will need to respond to.