Right to Protection Against Retaliation
The OSH Act prohibits employers from retaliating against their employees for using their rights under the OSH Act.
These rights, called "Whistleblower Rights," include filing an OSHA complaint, participating in an inspection or talking to the inspector, seeking access to employer exposure and injury records, raising a safety or health issue with the employer, or any other stated workers' rights.
Protection from retaliation means an employer cannot punish workers by taking "adverse action," such as:
- Firing or laying off the employee;
- Blacklisting the employee;
- Demoting the employee;
- Denying overtime or promotion;
- Disciplining for exercising employee rights;
- Denying employee benefits;
- Failing to hire or rehire the employee;
- Intimidating the employee;
- Making verbal or physical threats;
- Reassignment affecting prospects for promotion;
- Reducing employee pay or hours.
You can file a complaint alleging retaliation with OSHA if your employer has punished you for using any employee rights established under the OSH Act. If you have been retaliated against for using your rights, you must file a complaint with OSHA within 30 calendar days from the date the retaliatory decision has been both made and communicated to you (the worker).
Contact your local OSHA office by calling, within 30 days of the alleged retaliation, 1-800-321-OSHA (6742), or send a letter to your closest regional or area office. No form is required. In states with approved state plans, employees may file a complaint with both the State and Federal OSHA.
Following a complaint, OSHA will contact the complainant and conduct an interview to determine whether an investigation is necessary.
If the evidence shows that the employee has been retaliated against for exercising safety and health rights, OSHA will ask the employer to restore that worker's job, earnings, and benefits. If the employer refuses, OSHA may take the employer to court. In such cases, a Department of Labor attorney will represent the employee to obtain this relief.
Knowledge Check Choose the best answer for the question.
4-9. David raised multiple safety concerns with his employer shortly before they fired him. His employer told other employees he was a "trouble maker" for questioning the workplace safety. How long does David have to file an employer retaliation complaint with OSHA?
You forgot to answer the question!