Outreach, Training, & Certification FAQs
The requirement to inform agency employees of the rights and remedies available to them under the PPP and whistleblower provisions of Title 5 is a statutory obligation. 5 U.S.C. 2302(d). In late 2017, the President signed two pieces of legislation requiring the head of each agency, in consultation with OSC, and the Inspector General of the agency, to take steps such as providing annual training to supervisors. These steps may be satistfied under OSC's Certification Program.
OSC will report annually to Congress on federal agencies' participation with the OSC's Certification Program.
OSC maintains lists of registered agencies and certified agencies on this website. Additionally, you may e-mail certification@osc.gov or call (202) 804-7163 to discuss what outreach activities your agency is currently engaged in. You will be informed if your agency is in compliance and what, if any, additional actions your agency will need to take to become certified under OSC's program.
In general, the No FEAR Act training will not be sufficient to meet the supervisory training requirement. The supervisory training should cover all 14 of the PPPs. With respect to PPPs, most No FEAR Act training programs only cover retaliation claims.
Under 5 U.S.C. 2302(a)(c)(i), employees of government corporations are covered by the two retaliation prohibitions [5 U.S.C. 2302(b)(8), (b)(9)], while most other federal employees are covered by all 14 prohibited personnel practices. Therefore, government corporations are required to certify, but only with respect to the retaliation prohibitions.
If you have registered for the program, after completing the five requirements, you will be asked to submit a certificate of compliance form and documentation. After OSC approves the submission, OSC will grant you a certificate of compliance. Additionally, we list certified agencies on OSC's website and report federal agencies' compliance with OSC's Certification Program annually to Congress.
Agencies need to complete a checklist (coming soon) each year and submit a compliance form every three years.
In consultation with OSC, agencies need to train supervisors every three years on PPPs and whistleblower disclosures and each year on how to respond to complaints alleging a violation of whistleblower protections.
Employees must be notified annually.
Our experience is that agency-wide education programs have not resulted in a substantial increase in the number of complaints filed by employees of that agency, and often, such training helps prevent PPPs from occurring.
Some agencies have federal employees who are only covered by a limited number of Title 5 provisions. If any provisions of the WPA/WPEA cover these employees, the agency is responsible for informing the employees of their rights and responsibilities under the statute, and certifying under the relevant provisions of OSC's program.
OSC's 2302(c) Certification Program allows federal agencies to meet the statutory obligation to inform their workforces about the rights and remedies available to them under the Whistleblower Protection Act (WPA), the Whistleblower Protection and Enhancement Act (WPEA), and related civil service laws. 5 U.S.C. 2302(c). It also allows agencies to meet the requirements of the second Open Government National Action Plan. Under the 2302(c) Certification Program, OSC will certify an agency's compliance if the agency meets the following five requirements:
- Placing informational posters at agency facilities;
- Providing information to new employees about the WPA/WPEA (including the 13 PPPs) as part of the orientation process;
- Providing information to current employees on an annual basis about the WPA/WPEA;
- Training supervisors every three years on the WPA/WPEA; and
- Displaying a link to OSC's website on the agency's website or intranet.
Yes. OSC offers training to federal agencies and non-federal organizations in each of the areas within OSC's jurisdiction. Specifically, OSC offers training on (1) PPPs, including retaliation for whistleblowing; (2) whistleblower disclosures filed with OSC's Disclosure Unit; (3) the Hatch Act and its application both to federal employees and to state and local employees; and (4) the Uniformed Services Employment and Reemployment Rights Act (USERRA). Additionally, OSC publishes a variety of materials on PPPs, whistleblower disclosures, and the Hatch Act. These publications can be printed from this website.