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DEPARTMENT OF LABOR

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OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

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THE WHISTLEBLOWER PROTECTION PROGRAM

YOU HAVE THE RIGHT TO REPORT IF YOUR WORKPLACE IS UNSAFE.

 

Learn More


WHISTLEBLOWER PROTECTIONS

OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of
more than 20 whistleblower statutes protecting employees from retaliation for
reporting violations of various workplace safety and health, airline, commercial
motor carrier, consumer product, environmental, financial reform, food safety,
health insurance reform, motor vehicle safety, nuclear, pipeline, public
transportation agency, railroad, maritime, securities, tax, antitrust, and
anti-money laundering laws and for engaging in other related protected
activities.

Learn more about workplace retaliation and what it means, how to file a
whistleblower complaint, how to create an anti-retaliation program, what to
expect during a whistleblower investigation, and more below.

Find OSHA's COVID-19 resources to help you stay safe and healthy, and find
COVID-19 whistleblower data.

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RETALIATION

The whistleblower laws that OSHA enforces prohibit employers from retaliating
against employees for engaging in activities protected under those laws.

WHAT IS RETALIATION?

Retaliation occurs when an employer (through a manager, supervisor, or
administrator) fires an employee or takes any other type of adverse action
against an employee for engaging in protected activity.

WHAT IS AN ADVERSE ACTION?

An adverse action is an action which would dissuade a reasonable employee from
raising a concern about a possible violation or engaging in other related
protected activity. Retaliation harms individual employees and can have a
negative impact on overall employee morale. Because an adverse action can be
subtle, such as excluding employees from important meetings, it may not always
be easy to recognize.

Adverse actions may include actions such as:

 * Firing or laying off
 * Demoting
 * Denying overtime or promotion
 * Disciplining
 * Denying benefits
 * Failing to hire or rehire
 * Intimidation or harassment
 * Making threats
 * Reassignment to a less desirable position or actions affecting prospects for
   promotion (such as excluding an employee from training meetings)
 * Reducing or changing pay or hours
 * More subtle actions, such as isolating, ostracizing, mocking, or falsely
   accusing the employee of poor performance
 * Blacklisting (intentionally interfering with an employee’s ability to obtain
   future employment)
 * Constructive discharge (quitting when an employer makes working conditions
   intolerable due to the employee's protected activity)
 * Reporting or threatening to report an employee to the police or immigration
   authorities

ARE TEMPORARY WORKERS PROTECTED FROM RETALIATION?

When a staffing agency supplies temporary workers to a business, both the
staffing agency and its client (commonly referred to as the host employer) may
be held legally responsible for retaliating against workers. For additional
information on whistleblower protection rights of temporary workers, please see
OSHA's Temporary Worker Initiative Bulletin No. 3 – Whistleblower Protection
Rights.

WHAT IS AN EXAMPLE OF RETALIATION?

Example situation:
A worker informed her employer that she called OSHA because she believed there
was a fire hazard that her employer refused to fix. The worker had reported the
fire hazard previously to her employer. A workplace practice existed which
allowed all employees to swap shifts if they needed to take time off. The worker
tried to swap shifts a few days after she told her employer that she called
OSHA, but her employer did not allow her to swap. However, the other employees
were still allowed to swap shifts.

Example analysis:
Workers have a right to call OSHA to report an unsafe condition. Section 11(c)
of the Occupational Safety and Health Act protects workers who file complaints
with OSHA. By calling OSHA to complain about the fire hazard, the worker engaged
in protected activity under one of the whistleblower laws administered by OSHA.
She informed her employer that she called OSHA. Her employer denied her shift
swap only a few days after being notified that she called OSHA. In addition, she
was the only employee denied the ability to swap shifts. The denial of the shift
swap is an adverse action. And, in this case, it appears that her employer
denied her shift swap because she engaged in the protected activity. If the
employer denied her request to swap because she called OSHA, then retaliation
has occurred and the employer’s actions violated section 11(c) of the
Occupational Safety and Health Act.


HOW TO FILE A WHISTLEBLOWER COMPLAINT

You have the right to file a whistleblower complaint with OSHA if you believe
your employer retaliated against you for exercising your rights as an employee
under the whistleblower protection laws enforced by OSHA. In States with
OSHA-approved State Plans, employees may file complaints under section 11(c) of
the Occupational Safety and Health Act with Federal OSHA and with the State Plan
under its equivalent statutory provision.

TIME LIMITS FOR FILING A COMPLAINT

OSHA administers more than 20 whistleblower statutes, with varying time limits
for filing.  The time frame for filing a complaint begins when the adverse
action, such as a firing, occurs and is communicated to the employee. The
varying time frames are as follows:

30 Days

 * Section 11(c) of the Occupational Safety and Health Act (OSH Act)
 * Clean Air Act (CAA)
 * Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
 * Federal Water Pollution Control Act (FWPCA)
 * Safe Drinking Water Act (SDWA)
 * Solid Waste Disposal Act (SWDA)
 * Toxic Substances Control Act (TSCA)

60 Days

 * International Safe Container Act (ISCA)

90 Days

 * Anti-Money Laundering Act (AMLA)
 * Asbestos Hazard Emergency Response Act (AHERA)
 * Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
   (AIR21)

180 Days

 * Affordable Care Act (ACA)
 * Consumer Financial Protection Act (CFPA)
 * Consumer Product Safety Improvement Act (CPSIA)
 * Criminal Antitrust Anti-Retaliation Act (CAARA)
 * Energy Reorganization Act of 1974, as amended by the Energy Policy Act of
   2005 (ERA)
 * Federal Railroad Safety Act (FRA)
 * FDA Food Safety Modernization Act (FSMA)
 * Moving Ahead for Progress in the 21st Century Act (MAP-21)
 * National Transit Systems Security Act (NTSSA)
 * Pipeline Safety Improvement Act (PSIA)
 * Sarbanes-Oxley Act (SOX)
 * Seaman’s Protection Act (SPA)
 * Surface Transportation Assistance Act (STAA)
 * Taxpayer First Act (TFA)

Read more information on the statutes enforced by OSHA.

WAYS TO FILE A COMPLAINT

You may file your whistleblower complaint using any of these filing options:

 1. Online - Use the Online Whistleblower Complaint Form to submit your
    complaint to OSHA. Complaints received online from employees located in
    States with OSHA-approved State Plans will be forwarded to the appropriate
    State Plan for response.
 2. Fax/Mail/Email – Fax, mail, or email a letter describing your complaint, or
    a printed copy of your completed Online Whistleblower Complaint Form to your
    local OSHA Regional or Area Office. Please make sure that your
    correspondence includes your name, mailing address, email address, and
    telephone or fax number so we can contact you to follow up.
 3. Telephone - Call your local OSHA Regional or Area Office. OSHA staff can
    discuss your complaint with you and respond to any questions you may have.
 4. In person – Visit your local OSHA Regional or Area Office. OSHA staff can
    accept your verbal or written complaint and provide information as needed.

OSHA accepts complaints in any language.  If you need assistance, such as a
foreign language interpreter, please contact your local OSHA Regional or Area
Office.

If you would like more information on how to file a safety and health complaint,
see OSHA’s File a Complaint page.

HELPFUL INFORMATION TO HAVE WHEN YOU FILE A COMPLAINT

None of these items are required, but they are helpful to the investigator who
will be investigating your complaint:

 * Documentation regarding additional complaints, such as a safety or health
   complaint or other statutorily protected complaint with OSHA or another
   enforcement agency
 * Copies of any relevant, lawfully obtained documents, such as emails, phone
   records, text messages, activity logs, meeting notes, work orders, letters,
   or memoranda, related to your complaint
 * Copies of any hiring and/or termination letters
 * A copy of the employer’s handbook for employees and/or collective bargaining
   agreement
 * Copies of any disciplinary action(s) that you received during your employment
 * A current description of your job
 * A list of names and telephone numbers of the potential witnesses who can
   confirm your allegations. Please include a brief summary of what you believe
   each witness may know.
 * The names, titles, and contact information for the management officials who
   made the personnel decision that you are complaining about
 * The names, titles, and contact information for the individuals who processed
   the paperwork regarding the personnel decision at issue (secretarial,
   clerical, or human resources personnel)
 * Copies of your last five (5) pay stubs
 * Copies of documents from any other proceedings (for example, EEOC complaints
   or lawsuits) between you and the company
 * Copies of all documents from unemployment or worker’s compensation
   proceedings related to the incident(s) discussed in your complaint

PROCEDURES

OSHA conducts an interview of each complainant to determine the need for an
investigation.  If OSHA conducts an investigation, it will also obtain
information from the employer and witnesses as needed.  If evidence supports the
employee’s claim of retaliation, OSHA will take action that may include
requiring the employer to restore the employee’s job, earnings, and benefits, as
well as granting other appropriate relief.  Additional information about the
investigation can be found here.

The procedures for investigating workplace retaliation complaints are contained
in the OSHA Whistleblower Investigations Manual.


RETALIATION PROTECTION BY SUBJECT







EMPLOYEE SAFETY

TRANSPORTATION SERVICES

ENVIRONMENTAL PROTECTION

FRAUD AND FINANCIAL ISSUES

CONSUMER PRODUCT, MOTOR VEHICLE, AND FOOD SAFETY

HEALTH INSURANCE


HOW TO CREATE AN ANTI-RETALIATION PROGRAM

Employers can create workplaces in which workers feel comfortable voicing their
concerns without fear of retaliation. There are five key elements to creating an
effective anti-retaliation program or enhancing an existing one. Click below for
more information.




WHAT TO EXPECT DURING A WHISTLEBLOWER INVESTIGATION

FILING A COMPLAINT

 * An employee, or his or her representative, can file a whistleblower complaint
   with OSHA via mail, fax, telephone, in person, or online, against an employer
   for unlawful retaliation. During the investigation, the employee who files
   the complaint is referred to as "the Complainant," and the employer, against
   whom the complaint is filed, is referred to as "the Respondent." Neither side
   is required to retain an attorney, but if a party designates a
   representative, the designee will serve as the point of contact with OSHA.
 * It is imperative for the Complainant or his or her representative to provide
   OSHA with current contact information. Failure to do so may cause OSHA to
   conclude the investigation.
 * OSHA will interview the Complainant to obtain information about the alleged
   retaliation, and will determine whether the allegation is sufficient to
   initiate an investigation under one or more of the whistleblower protection
   statutes administered by OSHA. Regardless of the statute under which the
   complaint is filed, the conduct of the investigation is generally the same.

INVESTIGATIVE PROCESS

 * If the allegation is sufficient to proceed with an investigation, the
   complaint will be assigned to an OSHA whistleblower Investigator who is a
   neutral fact-finder who does not represent either party. The investigator
   will notify the Complainant, Respondent, and appropriate federal partner
   agency that OSHA has opened an investigation.
 * The Complainant and the Respondent should keep any potential evidence
   regarding the circumstances of the allegations, including all pertinent
   emails, letters, notes, text messages, voicemails, phone logs, personnel
   files, contracts, work products, and meeting minutes.
 * OSHA will request that both parties provide each other with a copy of all
   submissions they have made to OSHA related to the complaint. Both the
   Complainant and the Respondent should provide contact information for
   witnesses who could support or refute the alleged retaliation.
 * OSHA will ask the Respondent to provide a written defense to the allegations,
   also known as a position statement. Both parties are expected to actively
   participate in the investigation and to respond to OSHA's requests. Both
   parties are also given an opportunity to rebut the opposing party's position.
 * Whistleblower investigations vary in length of time. The parties may settle
   the retaliation complaint at any point in the investigation either through
   OSHA's Alternative Dispute Resolution (ADR) program, with the assistance of
   the assigned investigator, or through their own negotiated settlement that
   OSHA approves.
 * Under certain statutes, the Complainant may "kick out" and file the
   retaliation complaint in federal district court if there is no final order
   and a specified time from the filing of the complaint with OSHA has passed
   (180 or 210 days depending on the statute).

CONCLUSION OF THE INVESTIGATION

 * At the conclusion of the investigation, the investigator will make a
   recommendation to his/her supervisor regarding whether the evidence provides
   reasonable cause to believe that the Respondent violated the specific statute
   in question. If the supervisor and management concur with the merit or
   dismissal recommendation, OSHA will issue a findings letter to both parties,
   which will include information about remedies1 (if appropriate) and the right
   to object and have the case heard by an administrative law judge, except in
   cases under section 11(c), AHERA, or ISCA. In those cases, Complainants may
   request review by OSHA's National Office of dismissal decisions. In merit
   section 11(c), AHERA, or ISCA cases, unless a settlement is reached, the
   Department of Labor would have to file a complaint in district court to
   remedy the retaliation.

For a complete explanation of the investigation process, please refer to the
Whistleblower Investigations Manual.

--------------------------------------------------------------------------------

1 As appropriate OSHA’s remedies will include applicable interest rates, which
are set by the Internal Revenue Service, see
https://www.whistleblowers.gov/backpay


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