OHRP Should Inform Potential Complainants of How They Can Seek Whistleblower Protections

OHRP receives and responds to alleged violations of protections for human subjects in research conducted or supported by the Department of Health and Human Services (HHS). Employees of research institutions (e.g., researchers or study coordinators) with insider knowledge of the circumstances can help identify noncompliance in human subjects research earlier than other complainants or OHRP oversight activities. Such information allows OHRP to address any noncompliance, hold institutions accountable, minimize risk to human subject volunteers, and ensure public confidence in federally funded research. However, when employees are considering whether to disclose information about potential noncompliance, they may fear reprisal, such as demotion, suspension, or termination. Under certain circumstances, employees at research institutions with HHS-funded grants or contracts may be entitled to relief commonly called "whistleblower protections." Such protections may be available if an HHS contractor, subcontractor, grantee, or subgrantee takes a prohibited employment action (e.g., termination) against an employee for making a "protected disclosure." For complainants who fear reprisal, information regarding whistleblower protections may encourage disclosures of noncompliance.