Whistleblower Protections
The whistleblower protection statutes enforced by OSHA generally provide that employers may not discharge or otherwise retaliate against an employee because the employee has filed a complaint or exercised any rights provided to employees.
Each law has a filing deadline varying from 30 days to 180 days, which starts when the retaliatory action occurs. Complaints may be filed orally or in writing, and OSHA will accept the complaint in any language. For more information on filing a complaint, visit OSHA's How to File a Whistleblower Complaint webpage. As a result of filing a complaint, workers cannot be subject to:
- Applying or issuing a policy which provides for an unfavorable personnel action due to activity protected by a whistleblower law enforced by OSHA.
- Blacklisting, demotions, or failing to hire or rehire.
- Disciplinary actions.
- Denying benefits, over time or promotion.
- Firing, suspending or laying off.
- Intimidation or making threats.
- Reassignment to a less desirable position, including one adversely affecting prospects for promotion.
- Reduction in pay or hours.
Help is available from OSHA: See the OSHA Fact Sheet: Your Rights as a Whistleblower for detailed information. You can review a more extensive list of statutes that contain whistleblower (anti-retaliation) provisions on the OSHA Statutes webpage.
We recommend that you announce and/or post the following:
"If you have been punished or discriminated against for using your rights, you must file a complaint within 30 days of the alleged Section 11(c) OSH Act reprisal for most complaints."
While no specific form is required to file a complaint, you must either send a letter or call your nearest OSHA Area Office to report the discrimination within 30 days of the alleged discrimination.
Knowledge Check Choose the best answer for the question.
2-12. Which statute provides that employers may not discharge employees because they have filed a complaint or exercised OSHA rights?
You forgot to answer the question!