2302(c) Certification Process
Step 1: Registration
To begin the certification process, fill out the registration form and email the form to certification@osc.gov. The registration process allows OSC to provide additional assistance to agencies seeking certification or recertification. If you have questions regarding the program, email the same address. Once OSC receives the completed form, we will enroll you in the program and list your agency on OSC's website.
Step 2: Complete the Five Certification Requirements
The five certification requirements are listed below.
Step 3: Maintain Certification by Completing an Annual Certification Checklist
Agencies maintain certification by completing the Annual Certification Checklist each year to ensure ongoing compliance.
Step 4: Submit the Compliance Form Every Three Years
After completing the five requirements of the program, complete the compliance form and email the form and supporting documentation to certification@osc.gov. After OSC reviews the submission and confirms that the five requirements have been satisfied, we will grant the agency a certificate of compliance indicating the agency's fulfillment of the statutory obligation under section 2302(c), as well as compliance with the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 and the NDAA. OSC also lists certified agencies on its website and reports federal agencies' compliance with OSC's 2302(c) Certification Program annually to Congress. Agencies request recertification every three years by submitting a compliance form together with supporting documentation.
Post the laws regarding Prohibited Personnel Practices (PPPs) as well as information regarding the process for making confidential disclosures to OSC. Posters containing this information should be displayed in all personnel and Equal Employment Opportunity (EEO) offices and in other prominent places throughout the agency.
The following posters are required to be posted throughout your agency and made available on your intranet in order to obtain certification:
- Disclosures of Wrongdoing: Identifies the six types of wrongdoing that can be disclosed to OSC: a violation of any law, rule, or regulation; gross mismanagement; gross waste of funds; an abuse of authority; a substantial and specific danger to public health or safety; and censorship related to scientific integrity. Outlines OSC's process for handling disclosures.
- Whistleblower Retaliation: Asks, "What is whistleblower retaliation?" A federal employee authorized to take, direct others to take, recommend, or approve any personnel action may not take, fail to take, or threaten to take or fail to take a personnel action with respect to an employee because of a protected disclosure or protected activity. Includes an example and defines "protected disclosure" and "protected activity."
- Prohibited Personnel Practices (PPPs): Lists 14 prohibitions, including whistleblower retaliation, discrimination for engaging in conduct unrelated to work performance such as conduct related to gender identity or sexual orientation, and hiring and promotion offenses that offend the merit system. See 5 U.S.C. § 2302(b)(1)-(14).
The following materials, though not required to obtain certification, are also highly recommended:
- The Hatch Act: Permitted and Prohibited Activities for Most Federal Employees Poster: Lists permitted and prohibited activities for employees who may engage in partisan activity.
Provide written materials on PPPs and whistleblower disclosures in new employee orientation packets. OSC has created informational materials, including Your Rights as a Federal Employee and Your Rights as a Whistleblower, that can either be printed or sent by email.
Provide written materials on PPPs, whistleblower disclosures, recognition of National Whistleblower Appreciation Day, and OSC's role in enforcing the laws over which it has jurisdiction to all employees on an annual basis. Agencies should also include this information on agency websites. OSC has developed materials that can be emailed to help agencies fulfill this requirement, including a sample memo.
In consultation with OSC, train managers and supervisors on their responsibilities under the PPP and whistleblower protection provisions of Title 5. There are two required trainings: triennial training on the 14 PPPs and annual training on how to address disclosures of wrongdoing and respond to complaints of retaliation.
For the triennial training, OSC strongly recommends in-person, interactive training, especially for high-level managers and supervisors. As a resource for agencies, OSC offers dynamic speakers who are subject matter experts in PPPs and whistleblower protections. Each OSC presentation is interactive, provides examples of prohibited conduct, and leaves time for supervisors and managers to ask questions. Agencies can email OSC at certification@osc.gov to request a speaker. For the annual training only, OSC can provide training or agencies may use a newly developed PowerPoint PDF to meet the statutory training requirement.
Supervisory training should be tracked to ensure that all supervisors have been trained before filling out the compliance form. Agencies must obtain prior approval from OSC before disseminating forms or training materials created by an agency or outside entity to satisfy the training requirements of the certification program.
Provide a link to OSC's website, osc.gov, from the agency's public website and intranet to ensure easy access to OSC resources.