OSHA: Where Good Laws Go To Die

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sherron_watkins_gal.jpg In 2002, when Congress passed the Sarbanes-Oxley act to tighten up corporate governance standards in the wake of Enron, it included a measure to protect and encourage corporate whistleblowers, people like Enron’s Sherron Watkins. Business grudgingly accepted the law, while reformers like Taxpayers Against Fraud called the statute “the single most effective measure possible to prevent recurrences of the Enron debacle and similar threats to the nation’s financial markets.”

Apparently, though, the reformers didn’t read the fine print: Big business groups managed to get enforcement of the new law vested with the Occupational Safety and Health Administration (OSHA), a notoriously toothless agency in the Labor Department. Not surprisingly, OSHA hasn’t given whistleblowers any more protection than it has to poor workers in meatpacking plants.

In a new law review article out this fall, University of Nebraska professor Richard Moberly calculates that in the first three years after Sarbanes-Oxley, only 13 out of 491 employees who filed complaints with OSHA found any sort of relief for their claims of retaliation and other repercussions resulting from blowing the whistle. Only six succeeded on appeal. Moberly concludes that, among other things, OSHA has no idea what it’s doing and that—surprise—even if it did, the agency was underfunded and couldn’t really handle the workload. The whistleblower provision is one of those great examples of big business touting its commitment to reform by supporting a tough new law while virtually ensuring that it will never actually have to reform anything.

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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