October 30, 2023

MEMORANDUM FOR:

Lee D. Martin
Director, DWPP

THROUGH:

Michael J. Rivera
Regional Administrator

FROM:

Celmouth A. Stewart, Jr.
Assistant Regional Administrator

SUBJECT:

Region V – State Plan Referral Pilot

The Region 3 Whistleblower Protection Program (R3 WPP) will participate in the Region 5 State Plan Referral Pilot (Pilot), CPL-04-05-2307, as authored by Region 5. R3 WPP will initiate the Pilot on November 11, 2023, and evaluate for the remainder of the fiscal year, until October 30, 2024.

The Pilot is anticipated to only impact managers or supervisors, and those acting on their behalf. R3 WPP currently has two state plan programs, Maryland (MOSH) and Virginia (VOSH), each covers private and state/local government workplaces under their respective jurisdictions except for maritime employment, including shipyard employment, marine terminals, and longshoring; employment on military bases; contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations; all working conditions of aircraft cabin crewmembers onboard aircraft in operation; and Federal government employers including USPS. Additionally, VOSH does not have jurisdiction on federal enclaves where civil jurisdiction has been ceded by the state to the federal government; and employment at the U.S. Department of Energy's Southeastern Power Administration Kerr–Philpott System.

R3 WPP will review and evaluate all incoming complaints for screening assignments. As with all complaints, a copy will be maintained by R3 WPP in electronic format. R3 WPP will not enter a duplicative complaint into the OSHA Information System (OIS), as is the current practice, but will otherwise follow all other current procedures established by the Whistleblower Investigations Manual (WIM). OSHA will promptly refer the complaint to the State Plan via OIS. Additionally, WPP will send an email notifying the receiving State Plan point of contact (POC) of the transfer. WPP has well established POC's for each state plan.¹ R3 WPP has briefed the Region 3 ARA for Cooperative and State Programs (CSP) and the State Plan Manager about the pilot and the effective date. CSP staff are aware and in concurrence. State plans will be notified of this procedure via email and conference call. R3 WPP will track these complaints by maintaining a spreadsheet with each transferred complaint logged (see enclosed) with the method of filing, e.g., ECN, OSHA 87, email, telephone, etc.; OIS number; Complainant/Respondent name; date complaint filed; and date complaint transferred. This data will be available for review as needed and updated in real time.²

R3 WPP anticipates participation in the Pilot will save valuable time and resources. If you have any questions, please contact Celmouth Stewart, ARA for WPP.

Enclosure: Region 3 State Plan Referral Case Tracker

¹ R3 WPP RSI's will independently handle this pilot; therefore, collective bargaining with the union was not necessary.

² Results of the pilot will be provided at 6-months (mid-point) and 12-months (end of pilot) to DWPP.