OSC Outreach Program and 2302(c) Certification Program
Contact: Leslie Williamson, (202) 254-3659 or
lwilliamson@osc.gov.
The Outreach Program at OSC has been created in response to Congress'
mandate at
5
U.S.C. §2302(c) that federal workers and managers be made aware of their
rights and responsibilities under the statutes enforced by OSC. To that end, OSC employees are available to
speak at agency training sessions, conferences, meetings and other venues sponsored or attended by government
employees, employee representatives and other interested parties. Additionally, OSC publishes a variety of
materials on prohibited personnel practices,
whistleblower disclosures and the Hatch Act.
These publications can be ordered directly from GPO
or smaller-scale publications may be printed from this website.
Requesting OSC Speakers
If you
would like an OSC employee to speak at an agency training session or event, complete
a speaker
request form and fax it to
Leslie Williamson
at (202) 653-5161.
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2302(c) Certification Program
 |
| The Office of Personnel
Management recently announced that 2302(c) certification is a "suggested
performance indicator" for 'getting to green' on the Strategic Management of Human Capital element of the
President's Management Agenda. |
|
|
In 1994, Congress responded to reports of widespread ignorance in the federal
workforce concerning employees’ right to be free from prohibited personnel
practices (PPP), especially retaliation for whistleblowing, by enacting 5 U.S.C. §2302(c).
That provision charges "[t]he head of each agency" with
responsibility for "ensuring (in consultation with the Office of Special
Counsel) that agency employees are informed of the rights and remedies available
to them" under the prohibited personnel practice and whistleblower
retaliation protection provisions of Title 5.
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) and related civil service laws. Under the
2302(c) Certification Program, OSC will certify an agency’s compliance with 5 U.S.C. §2302(c) if
the agency meets the following five requirements:
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The Five Requirements of the 2302(c) Certification Program
| 1. |
POSTINGS: Agencies should post the laws regarding 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 EEO offices and in other prominent places throughout the
agency.
The following posters are required to be posted throughout your agency in
order to obtain certification:
- "Whistleblowing”: Defines a “whistleblower” as someone who discloses
information he or she reasonably believes evidences a violation of any law,
rule, or regulation, gross mismanagement, gross waste of funds, abuse of
authority, substantial and specific danger to public heath, and substantial
and specific danger to public safety.
- “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
any personnel action against an employee because of protected whistleblowing.
Cites an example. Defines “protected whistleblowing.”
- “Prohibited Personnel Practices” (PPPs): Lists (in two columns) what federal
employees are prohibited from doing under federal law.
The following materials, though not required to obtain certification, are
also highly recommended by the OSC:
- "The Hatch Act and Federal Employees" (poster): Lists (in two columns)
Permitted and Prohibited Activities for Employees who may engage in Partisan
Activity.
- "Political Activity and the Federal Employee" (booklet): 13 pages long,
Explains the Hatch Act, Its Importance to Federal Employees, Who is covered
under the Hatch Act, Permitted and Prohibited Activities for Employees Who
May Engage in Partisan Activity, Questions and Answers, Permitted and
Prohibited Activities for Employees Subject to Additional Restrictions,
Questions and Answers, Designated Communities, Penalties, The Office of
Special Counsel, Title 5, US Code Sections 7321 - 7326.
- "Political Activity and the State and Local Employee" (booklet): 11 pages
long, Explains the Hatch Act, Its Importance to State and Local Employees,
Who is Covered, Who is Not Covered, Permitted and Prohibited Activities for
State and Local Employees, The Office of Special Counsel, Title 5, US Code
Sections 1501 - 1508, Questions and Answers on General Provisions,
Prohibited Activities, Permitted Activities, Penalties for Violation, and
Special Considerations for Employee-of-Private, Nonprofit Agencies Receiving
Federal Assistance.
To order any of these posters, click on:
"GPO Bookstore".
|
| 2. |
NEW EMPLOYEES: Written materials on
PPPs, the WPA and OSC’s role in enforcing these laws should be provided in new employee
orientation packets. OSC has created informational materials, including an outline of PPP rights and remedies
("Your Rights as a Federal Employee"), that can
either be printed or sent via e-mail.
In addition, examples of letters sent to agency employees by agency heads, outlining rights and remedies
under the WPA, are also available under the employee notification requirement below.
|
| 3. |
EMPLOYEE NOTIFICATION: Written materials
on PPPs, the WPA and OSC's role in enforcing these laws, should be provided to all employees on an annual basis.
Agencies should also include this information on their web sites. As noted above, OSC has developed materials which can be e-mailed to help agencies fulfill this requirement ("Your
Rights as a Federal Employee"). Examples of letters sent to agency employees by agency heads, outlining
rights and remedies under the WPA, are also available below:
|
4. |
SUPERVISORY TRAINING: Each agency, in consultation with OSC, should
provide training to managers and supervisors to ensure their understanding of their responsibilities under the PPP and whistleblower
protection provisions of Title 5. OSC has developed several options to aid agencies in fulfilling this requirement of the program
including: providing speakers for satellite training or to address large
groups of employees and a Power Point presentation.
|
| 5. |
COMPUTER LINK: Each agency should provide a link from its own
web site or intranet site to the OSC web site (www.osc.gov). |
[Top]
Answers to Frequently Asked Questions About the 2302(c)
Certification Program
Question: Is the program voluntary?
Answer: The program itself is voluntary but 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.
The Certification Program provides a mechanism to meet this obligation. Moreover, the Office of Personnel Management
recently announced that 2302(c) certification is a "suggested performance indicator" for 'getting to green'
on the Strategic Management of Human Capital element of the President's Management Agenda.
Question: What are the consequences of failing to comply with the statutory
obligation?
Answer: OSC will report annually to Congress federal agencies’ participation with the
2302(c) Certification Program.
Question: How do I know if my agency is currently in compliance with 5 U.S.C. §2302(c)?
Answer: Call Leslie Williamson at (202)
254-3659
to discuss what outreach activities your agency is currently engaged in.
He will inform you if
your agency is in compliance.
Question: Once I register for the program, how will I know that my agency is in
compliance with 5 U.S.C. §2302(c)?
Answer: If you have registered for the program,
after completing the five requirements of the program, you will be asked to fill
out a certificate of compliance form on the OSC web site. After OSC reviews the
form, OSC will grant you a certificate of compliance indicating your conformity with 5 U.S.C. §2302(c).
Question: How often will agencies need to be certified as being in compliance with 5
U.S.C. §2302(c)?
Answer: Agencies need to be certified every three years.
Question: How often does an agency need to train supervisors on PPP's and the WPA?
Answer: Supervisors need to be trained every three years.
Question: How often do employees need to get notification of their rights and
remedies under the WPA?
Answer: Employees need to get annual notification.
Question: Will this program generate frivolous complaints?
Answer: 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.
Question: If an agency has employees that are not covered by all Title 5 provisions,
will they need to comply with 5 U.S.C. §2302(c)?
Answer: Some agencies have
federal employees that are only covered by a limited number of Title 5
provisions. If any provisions of the WPA cover these employees, the agency is
responsible for informing the employees of their rights and responsibilities
under the statute.
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Registering for the 2302(c) Certification Program
To register for the 2302(c) Certification Program fill out the registration form
below and fax it to Leslie Williamson at (202) 653-5161. Once OSC receives the
completed form, OSC will enroll you in the 2302(c)
Certification Program.
After completing the five requirements of the Certification Program, fill out the compliance form
below and fax it to Leslie Williamson. After OSC reviews the form, OSC will grant the agency a certificate of compliance indicating the agency’s conformity with 5 U.S.C. §2302(c). In addition, OSC will report annually to Congress federal agencies’
participation with the 2302(c) Certification Program.
| §2302(c) Certification Program
Registration Form |
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| §2302(c) Certification Program
Compliance Form |
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Agencies that Have Completed the 2302(c) Certification Program
Agencies Participating in the 2302(c) Certification Program
