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OSHA 1960.47

Investigation results reporting

Subpart G

18 Questions & Answers
10 Interpretations

Questions & Answers

Under 1960.47, who must an agency keep advised about allegations of reprisal?

An agency must keep its occupational safety and health committees advised about allegations of reprisal and any determinations the agency makes. The plain requirement is stated in 1960.47, which directs agencies to keep safety and health committees informed of agency activity and determinations related to reprisal allegations.

Under 1960.47, to whom must agency officials provide copies of reprisal investigation findings?

Agency officials must provide copies of any reprisal investigation findings to the Secretary and to the appropriate safety and health committee. This obligation is spelled out in 1960.47.

Under 1960.47, does an agency have to notify the committee about ongoing investigations or only final determinations?

The agency must keep the committee advised about agency activity regarding allegations (which includes ongoing activity) and about agency determinations. 1960.47 requires advising committees of both the agency’s activity and any determinations it reaches.

Under 1960.47, must copies of investigation findings be provided when no reprisal is found?

Yes — agencies must keep committees advised of determinations even when no reprisal is found, and they must provide copies of any investigation findings that exist. 1960.47 requires advising committees of determinations and providing copies of findings, if any.

Under 1960.47, what is meant by the "Secretary" who must receive copies of findings?

The term refers to the Department of Labor Secretary as the recipient named in the agency reporting requirement. The reporting duty is set out in 1960.47, which directs agency officials to provide copies of reprisal investigation findings to the Secretary and to the appropriate safety and health committee.

Under 1960.47, who decides which safety and health committee is the "appropriate" committee to receive findings?

The agency is responsible for identifying the appropriate safety and health committee for its workplace and directing findings to that committee. 1960.47 requires copies be provided to the appropriate committee, and agencies should use their existing safety program structure under Part 1960 to determine which committee is appropriate.

Under 1960.47, is there a specific deadline for giving the Secretary or committee copies of investigation findings?

No specific time frame or deadline is set in the text of 1960.47. The standard requires agencies to provide copies of findings to the Secretary and the appropriate safety and health committee but does not prescribe when; agencies should therefore provide copies promptly and in accordance with their internal procedures and any applicable oversight policies.

Under 1960.47, does the requirement to inform committees apply to allegations made anonymously?

Yes. 1960.47 requires agencies to keep safety and health committees advised of agency activity regarding allegations of reprisal and any determinations. That duty covers agency activity on allegations regardless of whether the allegation was made anonymously, because the provision focuses on agency activity and determinations, not the source of the allegation.

Under 1960.47, do contractors' reprisal allegations fall under this reporting rule?

Part 1960 reporting obligations apply to federal agencies and their management of federal employees; whether contractor employees fall under the agency’s reprisal reporting obligations depends on the contract relationship and the agency's policies. 1960.47 requires agencies to inform safety and health committees and the Secretary about reprisals involving agency activity; agencies should consult their contracting and legal offices and Part 1960 guidance to determine how contractor situations are handled.

Under 1960.47, what information should be included when providing copies of reprisal investigation findings?

The standard requires providing copies of the reprisal investigation findings but does not list specific content elements. Agencies should include the investigation’s findings, the agency’s determination, and any corrective or follow-up actions in the document provided to the Secretary and the appropriate safety and health committee, consistent with 1960.47 and applicable privacy and security rules.

Under 1960.47, can agencies withhold parts of investigation findings for privacy or security reasons?

Agencies must provide copies of reprisal investigation findings as required by 1960.47, but they also must comply with applicable privacy, confidentiality, and security laws. In practice, agencies should provide the required findings while redacting or handling sensitive personal or classified information in accordance with legal and policy requirements.

Under 1960.47, who at the agency is responsible for sending the findings to the Secretary and committee?

The standard says "agency officials" shall provide copies of reprisal investigation findings to the Secretary and the appropriate safety and health committee, which means the officials who conduct or supervise the reprisal investigation or their designated representatives are responsible. See 1960.47 and the broader agency responsibilities in Part 1960 for establishing who in the agency handles such reporting.

Under 1960.47, may safety and health committees use investigation findings to recommend corrective action?

Yes — once committees receive investigation findings, they may review them and recommend corrective actions to address hazards or reprisal-related problems. 1960.47 requires committees to be kept informed, which supports committee participation in follow-up and prevention activities within the agency's safety program as set out in Part 1960.

Under 1960.47, how does reporting reprisal investigation results connect with OSHA's whistleblower or anti-retaliation procedures?

1960.47 requires agencies to report reprisal investigation findings to the Secretary and safety committees but does not replace statutory whistleblower protections or formal complaint processes. When reprisal allegations involve workplace injury reporting or other protected activity, agencies should follow applicable procedures and, where appropriate, coordinate with the Department of Labor’s Whistleblower Protection Program as described in the interim enforcement guidance on recordkeeping and referrals in Recordkeeping enforcement procedures.

Under 1960.47, does the agency need to keep a written record of the notifications to the committee and Secretary?

The standard itself does not explicitly require a particular recordkeeping format, but documenting notifications and providing copies of investigation findings is a prudent way to show compliance with 1960.47. Agencies should retain records in accordance with their internal records policies and any applicable retention requirements in Part 1960.

Under 1960.47, does the duty to inform committees include sharing recommended corrective actions as well as findings?

Yes — while 1960.47 specifically requires copies of reprisal investigation findings, best practice is to include recommended corrective actions with those findings so committees can advise on implementation and prevention. Including corrective actions supports the agency’s obligation under Part 1960 to address recognized hazards.

Under 1960.47, does the requirement to inform safety committees apply to military or uniquely military operations?

Coverage under Part 1960 varies for military operations; some military-unique activities are excluded from OSHA coverage. The reporting duty in 1960.47 applies to agencies' occupational safety and health programs, but where activities are unique to the military, different rules may apply. For more on federal agency coverage distinctions, see Part 1960 and related guidance such as the interpretation discussing federal agency coverage in specific contexts (see, for example, Oxygen-deficient atmospheres in HVAC).

Under 1960.47, can safety and health committees share the investigation findings outside the committee?

The standard requires agencies to provide findings to the appropriate safety and health committee but does not specify wider distribution rules. Committees should follow agency policies and applicable privacy laws when deciding whether and how to share findings outside the committee; see 1960.47 and agency guidance under Part 1960.