No. 20-732

David Wyche v. Occupational Safety and Health Administration

Lower Court: Second Circuit
Docketed: 2020-11-25
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-review civil-rights due-process employee-rights employment-termination occupational-safety prima-facie-case termination whistleblower whistleblower-protection workplace-safety
Latest Conference: 2021-04-16 (distributed 2 times)
Question Presented (from Petition)

1. Under the OSH Act of 1970
Do I fit the criteria as a whistleblower (1) considering I made work complaints to human resources; within
two weeks of my final protected activity complaint I was terminated, (2) I was abruptly discharged without
any human resources investigation addressing my work complaints, (3) I provided the respondent with
images I captured of wet electrical equipment I was told to operate by my former employer to display unsafe
work conditions, (4) the respondent failed to contest the original "prima facie " established with evidence e.g.
employee records, (5) the respondent referred to evidence that supported their regional July 10, 2019
dismissal decision of my whistleblower claim, but failed to disclose or provide said evidence (Exhibit A)?

2. According to Title 5 of the Privacy Act of 1974
Did the respondent violate this act (1) when my employment records e.g. employee training records were
omitted in a whistleblower-employment investigation, (2) the respondent did not collect or maintain my
employment files, but conducted an employment investigation, (3) the respondent dismissed my
whistleblower claim without authenticating my employment record with my former employer, (4) I received a
copy of my administrative record from the respondent which omitted employment records (FOIA
REQUEST)?

3. Under the federal "Judicial Review " and the "Right of Review " Statues
Did the lower court disregard these statutes (1) when circuit judges refused to hear my case despite the fact
I'm an aggrieved petitioner that was fired once I exercised my employee rights i.e. made protected activity
complaints work conditions?

4. According to the Occupational Safety and Health Standards Sec. "Duties of Employers and Employees "
(1) I was instructed to work on telecommunications equipment with live energized wires along with electrical
systems without any training in rainy conditions, (2) what action should the respondent have taken when I
forwarded the respondent my protected activity complaints including images of wet electrical equipment, (3)
should the respondent have solicited training records from my former employer to prove I received training
considering my former employer disputes that I was not trained?

Question Presented (AI Summary)

Under the OSH Act of 1970 Do I fit the criteria as a whistleblower

Docket Entries

2021-04-19
Rehearing DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-02-19
Petition for Rehearing filed.
2021-01-25
Petition DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-28
Waiver of right of respondent OSHA to respond filed.
2020-11-09
Petition for a writ of certiorari filed. (Response due December 28, 2020)

Attorneys

David Wyche
David Wyche — Petitioner
OSHA
Jeffrey B. WallActing Solicitor General, Respondent