Whistleblower and Non-Retaliation Protections:
The Occupational Safety and Health Act (OSH Act) and a number of other
laws protect workers against retaliation for complaining to their employers, unions, the Occupational
Safety and Health Administration (OSHA), or other government agencies about
unsafe or unhealthful conditions in the workplace, environmental problems, certain public safety hazards, and certain violations of federal provisions concerning securities fraud, as well as for engaging in other related protected activities.
Whistleblowers may not be transferred, denied a raise, have their hours reduced,
or be fired or punished in any other way because they have exercised any right
afforded to them under one of the laws that protect whistleblowers.
Pursuant to most of these laws, discrimination complaints must be filed within 30 days of the alleged reprisal. OSHA Area Office staff can explain the protections under the whistleblower laws and deadlines for filing complaints.
Workers who believe that they have been subject to retaliation for engaging in health and safety actions that are protected under the OSH Act may file complaints with a federal OSHA Area Office representative. In those states operating OSHA-approved State Plan (except those plans covering only public sector employees), private sector employees may file complaints for retaliation with either a federal OSHA Area Office representative or with a State Plan representative. States with OSHA-approved State Plans also protect state and local government employees against retaliation, but in those states, public sector workers can file complaints for retaliation only with State Plan representatives.
Transportation Assistance Act of 1982 (STAA) - Provides
specific safety and health discrimination protections for truck drivers and
other employees relating to the safety of commercial motor vehicles. Coverage includes private-sector workers whose work affects the safety of vehicles with a gross vehicle weight rating (or a gross vehicle weight) of 10,001 pounds or more; vehicles designed to transport more than 10 passengers, including the driver; and vehicles transporting materials determined by the U.S. Department of Transportation to be hazardous and to require placarding.
Reorganization Act of 1978 (ERA) - Provides
occupational safety and health discrimination protections for employees of
operators, applicants, contractors, and subcontractors of nuclear power plants licensed by the Nuclear
Regulatory Commission and for employees of contractors working under contract
with the Department of Energy (so-called GOCO sites).
Air Act of 1977 (CAA) - Provides discrimination protection and
provides for the development and enforcement of standards regarding air quality
and air pollution. Employees are protected from retaliation for reporting violations, or alleged violations, of the standards.
Drinking Water Act of 1974 (SDWA) - Requires that all
drinking water systems in public buildings and new construction of all types be
lead free. Employees are protected from retaliation for reporting violations, or alleged violations, of the law.
Water Pollution Control Act of 1972 (FWPCA) - Also called the
"Clean Water Act," basically prohibits any and all hazardous pollution of
waters that provide a natural habitat for living things. Persons reporting such
pollution, or alleged pollution, are protected from discrimination.
Waste Disposal Act of 1976 (SWDA) - Also called the Resource
Conservation and Recovery Act (RCRA), provides technical and financial
assistance for the development of facilities for the recovery of energy and
other resources from discarded materials and to regulate the management of
hazardous waste. Employees are protected from discrimination for exercising
certain rights under the Acts.
- Occupational Safety and Health Administration (OSHA)
200 Constitution Avenue, NW
Washington, DC 20210
Tel.: 1-800-321-OSHA (1-800-321-6742)
- For questions on other DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol
for Compliance Assistance Inquiries, information provided by a telephone caller
will be kept confidential within the bounds of the law. Compliance assistance
inquiries will not trigger an inspection, audit, investigation, etc.