Regulations

• 29 CFR Part 1977 - Discrimination Against Employees Exercising Rights under the Williams-Steiger Occupational Safety and Health Act of 1970

• 29 CFR Part 1978 - Rules for Implementing Section 405 of the Surface Transportation Assistance Act of 1982

• 29 CFR Part 1979 - Procedures for the Handling of Discrimination Complaints under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

• 29 CFR Part 1980 - Procedures for the Handling of Discrimination Complaints under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002

• 29 CFR Part 1981 - Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety Improvement Act of 2002

• 29 CFR Part 24 - - Interim Final Rule, Procedures for the Handling of Retaliation Complaints under the Employee Protection Provisions of Six Federal Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as amended

• Energy Reorganization Act (ERA) Poster [PDF]

Filing a Complaint

If you believe your employer has discriminated against you because you exercised your safety and health rights, contact your local OSHA Office right away. Most discrimination complaints fall under the OSH Act, which gives you only 30 days to report discrimination. Some of the other laws have complaint-filing deadlines that differ from OSHA's, so be sure to check.

In addition, depending on the statute, you may need to file your complaint in writing. You can telephone, fax, or mail your OSHA 11(c) complaint. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed, but may be filed with any OSHA officer or employee. For more information, call your closest OSHA Regional Office:

• Boston (617) 565-2770
• New York (212) 337-2378
• Philadelphia (215) 861-4900
• Atlanta (404) 562-2300
• Chicago (312) 353-2220
• Dallas (972) 850-4145
• Kansas City (816) 283-8745
• Denver (720) 264-6550
• San Francisco (415) 625-2547
• Seattle (206) 553-5930

Written complaints may be filed by mail (we recommend certified mail), fax, or hand delivery during business hours. The date postmarked, faxed, or hand-delivered is considered the date filed.

OSHA conducts an in-depth interview with each complainant to determine the need for an investigation. If evidence supports the worker's claim of discrimination, OSHA will ask the employer to restore the worker's job, earnings and benefits. If the employer objects, OSHA may take the employer to court to seek relief for the worker. The procedures for investigations of discrimination complaints are contained in the OSHA Whistleblower Investigations Manual:

• Whistleblower Investigations Manual
  
  
• Revised Interim Guidelines for Handling Privacy Act Files
  and FOIA Requests
  
  
• Policy for Approval of Settlements with Future
  Employment Waivers
  
  
• Subsidiary Coverage under the Sarbanes Oxley Act [PDF]

Whistleblower Publications

• Whistleblower Protections - General [PDF]
• Whistleblower Protections and the Environment [PDF]
• Whistleblower Protection for Employees in the Transportation Sector[PDF]
• Whistleblower Protection for Trucking Employees [PDF]
• Whistleblower Protection for Employees in the Aviation Industry [PDF]
• Whistleblower Protection for Railroad Employees [PDF]
• Whistleblowers & the Sarbanes-Oxley Act [PDF]
• Whistleblower Protection for Employees of Public Transportation Agencies [PDF]
• Whistleblower Protections for Consumer Product Industry Employees
• Whistleblower Protection for Rail Carrier Employees Who Request Medical Attention