File a complaint if your employer has retaliated against you for exercising your rights as an employee. In states with approved State OSHA Plans, employees may file a complaint under the OSH Act with both the State and Federal OSHA. Under the other federal laws, a complaint must be filed with Federal OSHA directly. You may file a complaint by calling 1-800-321-OSHA (6742), contacting your local OSHA office or filing online here.
OSHA’s whistleblower statutes protect you from retaliation. An employer cannot retaliate by taking "adverse action" against workers who report injuries, safety concerns, or other protected activity.
Since passage of the OSH Act in 1970, Congress has expanded OSHA's whistleblower authority to protect workers from retaliation under twenty-two federal laws. Complaints must be reported to OSHA within set timeframes following the retaliatory action, as prescribed by each law.
About the Program
OSHA's Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting employees who report 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, and securities laws. Rights afforded by these whistleblower protection laws include, but are not limited to, worker participation in safety and health activities, reporting a work-related injury, illness or fatality, or reporting a violation of the statutes herein.
Workplace Safety and Health
Section 11(c) of the OSH Act prohibits employers from discriminating against their employees for exercising their rights under the OSH Act. These rights include filing an OSHA complaint, participating in an inspection or talking to an inspector, seeking access to employer exposure and injury records, reporting an injury, and raising a safety or health complaint with the employer. If workers have been retaliated or discriminated against for exercising their rights, they must file a complaint with OSHA within 30 days of the alleged adverse action.
Since passage of the OSH Act in 1970, Congress has expanded OSHA's whistleblower authority to protect workers from discrimination under twenty-two federal laws. Complaints must be reported to OSHA within set timeframes following the discriminatory action, as prescribed by each law. These laws, and the number of days employees have to file a complaint, are:
In the News
- January 18, 2017
- OSHA orders Amtrak to reinstate, pay $892K to employee discharged in violation of Federal Railroad Safety Act.
- January 13, 2017
- OSHA issues recommended practices to promote workplace anti-retaliation programs.
- January 10, 2017
- US Department of Labor sues Jasper Roofing Contractors, CEO for retaliation after employee cooperates with OSHA investigation.
- January 5, 2017
- US Labor Department sues food manufacturer, owner that terminated employee who tried to call 911 after co-worker suffered amputations.
- December 22, 2016
- John Deere agrees to settle whistleblower allegations, will pay former employee $275K in back wages, damages.
- December 14, 2016
- OSHA issues final rule establishing procedures for handling retaliation complaints from workers in the automotive industry.