OSHA Whistleblower Protection
To help ensure that employees are, in fact, free to participate in safety and health activities, Section 11(c) of the Act prohibits any person from discharging or in any manner retaliating against any employee because the employee has exercised rights under the Act.
These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.
OSHA also administers the whistleblowing provisions of sixteen other statutes, protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail, consumer product and securities laws.
A person filing a complaint of discrimination or retaliation will be required to show that he or she engaged in protected activity, the employer knew about that activity, the employer subjected him or her to an adverse employment action, and the protected activity contributed to the adverse action. Adverse employment action is generally defined as a material change in the terms or conditions of employment. Depending upon the circumstances of the case, "discrimination" can include:
- Firing or laying off
- Blacklisting
- Demoting
- Denying overtime or promotion
- Disciplining
- Denial of benefits
- Failure to hire or rehire
- Intimidation
- Reassignment affecting prospects for promotion
- Reducing pay or hours
The 17 statutes enforced by OSHA and the regulations governing their administration are listed below. Click on any statute to see the whistleblower provisions:
- Section 11(c) of the Occupational Safety and Health Act of 1970 (OSHA)
- The Surface Transportation Assistance Act of 1982 (STAA)
- The Asbestos Hazard Emergency Response Act of 1986 (AHERA)
- The International Safety Container Act of 1977 (ISCA)
- The Safe Drinking Water Act of 1974 (SDWA)
- The Federal Water Pollution Control Act of 1972 (FWPCA)
- The Toxic Substances Control Act of 1976 (TSCA)
- The Solid Waste Disposal Act of 1976 (SWDA)
- The Clean Air Act of 1977 (CAA)
- The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA)
- The Energy Reorganization Act of 1978 (ERA)
- The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)
- The Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes Oxley Act (SOX)
- Section 6 of the Pipeline Safety Improvement Act of 2002 (PSIA)
- The Federal Rail Safety Act of 1970 (FRSA)
- The National Transit Systems Security Act of 2007 (NTSSA)
- The Consumer Product Safety Improvement Act of 2008 (CPSIA)
Regulations
- Energy Reorganization Act (ERA) Poster [PDF]
Filing a Complaint
If you believe your employer has discriminatedagainst you because you exercised your safety and health rights,contact your local OSHA Office rightaway. Most discrimination complaints fall under the OSH Act,which gives you only 30 days to report discrimination. Some ofthe other laws have complaint-filing deadlines that differ fromOSHA'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
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
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