Your Rights Under the Energy Reorganization Act
The Energy Reorganization Act (ERA), makes it illegal to discharge or otherwise retaliate against an employee in terms of compensation, conditions, or privileges of employment because the employee or any person acting at an employee's request engages in protected activity.
Employers covered by the ERA are:
- The Nuclear Regulatory Commission (NRC)
- A contractor or subcontractor of the NCR
- A licensee of the NRC or an agreement state, and the licensee's contractors and subcontractors
- An applicant for a lincese, and the apllicant's contractors and subcontractors
- The Department of Energy (DOE)
- A contractor or subcontractor of the DOE under the Atomic Energy Act (AEA)
You are engaged in protected activity when you:
- Notify your employer of an alleged violation of the ERA or the AEA
- Refuse to engage in any practice made unlawful by the ERA or the AEA
- Testify before congress or at any federal or state proceeding regarding any provision or proposed provision of the ERA or the AEA
- Commence or cause to be commenced a proceeding under the ERA, or a proceeding for the administration or enforcement of any requirement imposed under the ERA
- Testify or are about to testify in any such proceeding
- Assist or participate in such proceeding or in any other action to carry out the purposes of the ERA or the AEA
Employers may not retaliate against you for engaging in protected activity by:
- Intimidating
- Threatening
- Restraining
- Coercing
- Blacklisting
- Firing
- or in any other manner retaliating against you
Filing a complaint: You may file a complaint within 180 days of the retaliatory action. A complaint must be in writing and may be in person or by mail at the nearest local office of the Occupational Safety and Health Administration (OSHA), Department of Labor (DOL), or with the office of the Assistant Secretary, OSHA, U.S. Department of Labor, Washington, D.C. 20210.
If DOL has not issued a final decision within one year of the filing of the complaint, you have the right to file the complaint in district court for de novo review, so long as the delay is not due to your bad faith.
For additional information: Contact OSHA (listed in telephone directories), or see the agency's web site at: www.osha.gov.
Employers are required to display this poster where employees can readily see it.
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[72 FR 44968, August 10, 2007]
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Regulations (Standards - 29 CFR) - Table of Contents
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