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OSHA administers the whistleblower protection provisions of twenty-one whistleblower protection statutes, including Section 11(c) of the Occupational Safety and Health Act (OSH Act), which prohibits any person from discharging or in any manner retaliating against any employee because the employee has exercised rights under the OSH ACT. Rights afforded by the OSH Act include employee participation in safety and health activities, such as complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, participating or testifying in any proceeding related to an OSHA inspection, and reporting a work-related injury, illness, or fatality. The twenty other whistleblower protection statutes administered by OSHA protect employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

A complaint of retaliation filed with OSHA must allege that the complainant engaged in protected activity, the respondent knew about that activity, the respondent subjected the complainant to an adverse action, and the protected activity motivated or contributed to the adverse action. Adverse action is generally defined as any action that would dissuade a reasonable employee from engaging in protected activity. Depending upon the circumstances of the case, "adverse" action can include:

• Firing or laying off
• Blacklisting
• Demoting
• Denying overtime or promotion
• Disciplining
• Denial of benefits
• Failure to hire or rehire
• Intimidation
• Making threats
• Reassignment affecting prospects for promotion
• Reducing pay or hours

The 21 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,  29 U.S.C. §660
  
  
• Surface Transportation Assistance Act (STAA),  49 U.S.C. §31105
  
  
• Asbestos Hazard Emergency Response Act (AHERA),  15 U.S.C. §2651
  
  
• International Safe Container Act (ISCA),  46 U.S.C. §80507
  
  
• Safe Drinking Water Act (SDWA),  42 U.S.C. §300j-9(i)
  
  
• Federal Water Pollution Control Act (FWPCA),  33 U.S.C. §1367
  
  
• Toxic Substances Control Act (TSCA),  15 U.S.C. §2622
  
  
• Solid Waste Disposal Act (SWDA),  42 U.S.C. §6971
  
  
• Clean Air Act (CAA),  42 U.S.C. §7622
  
  
• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),  42 U.S.C. §9610
  
  
• Energy Reorganization Act (ERA),  42 U.S.C. §5851
  
  
• Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21),  49 U.S.C. §42121
  
  
• Sarbanes-Oxley Act (SOX), 18 U.S.C.A. §1514
  
  
  • Amendments to SOX, enacted July 21, 2010 - Sections 922 and 929A of the Dodd Frank Act (DFA)
    
    
• Pipeline Safety Improvement Act (PSIA),  49 U.S.C. §60129
  
  
• Federal Railroad Safety Act (FRSA),  49 U.S.C. §20109
  
  
• National Transit Systems Security Act (NTSSA),  6 U.S.C. §1142
  
  
• Consumer Product Safety Improvement Act (CPSIA),  15 U.S.C. §2087
  
  
• Section 1558 of the Affordable Care Act (ACA),  P.L. 111-148
  
  
• Consumer Financial Protection Act of 2010 (CFPA), Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, 12 U.S.C.A. §5567
  
  
• Seaman's Protection Act, 46 U.S.C. §2114 (SPA), as amended by Section 611 of the Coast Guard Authorization Act of 2010, P.L. 111-281
  
  
• Section 402 of the FDA Food Safety Modernization Act (FSMA), P.L. 111-353

Regulations

• 29 CFR Part 1977 - Discrimination Against Employees Exercising Rights under the Williams-Steiger Occupational Safety and Health Act
  
  
• 29 CFR Part 1978 - Procedures for the Handling of Retaliation Complaints under the Employee Protection Provision 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 - Interim Final Rule, Procedures for the Handling of Discrimination Complaints under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, as Amended [PDF* 127kb]
  
  
  • This Interim Final Rule is effective as of November 3, 2011. The Interim Final Rule is open to public comment for 60 days (until January 3, 2012), and may be revised in the future, in response to any comments. Information regarding submitting comments is included in the preamble to this rule.
    
    
• 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 1982 - Procedures for the Handling of Retaliation Complaints under the National Transit Systems Security Act and the Federal Railroad Safety Act
  
  
• 29 CFR Part 1983 - Procedures for the Handling of Retaliation Complaints under Section 219 of the Consumer Product Safety Improvement Act of 2008
  
  
• 29 CFR Part 24 - Final Rule, Procedures for the Handling of Retaliation Complaints under the Employee Protection Provisions of Six Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as Amended [PDF*]
  
  
  • 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 or other protected activity, 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) 565-9860
• New York (212) 337-2378
• Philadelphia (215) 861-4900
• Atlanta (678) 237-0400
• Chicago (312) 353-2220
• Dallas (972) 850-4145
• Kansas City (816) 283-8745
• Denver (720) 264-6550
• San Francisco (415) 625-2547
• Seattle (206) 757-6700

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 CPL 02-03-003 [PDF*, 1.0 Mb]