About site: Law/Legal Information/Labor and Employment Law/Whistleblower Law - OSHA - Whistleblower Protection
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  About site: http://www.osha.gov/dep/oia/whistleblower/

Title: Law/Legal Information/Labor and Employment Law/Whistleblower Law - OSHA - Whistleblower Protection Discusses protection from complaints about safety and health hazards in the workplace and the environment.
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Office of the Whistleblower Protection Program (OWPP) Department of Labor Seal U.S. Department of Labor photos representing the workforce - digital imagery© copyright 2001 photodisc, inc. Occupational Safety & Health Administration Department of Labor Seal www.osha.gov [skip navigational links] Search    Advanced Search | A-Z Index «« Directorate of Enforcement Programs, Office of the Whistleblower Protection Program Office of the Whistleblower Protection Program Logo   The Whistleblower Protection Program The Occupational Safety and Health Act is designed to regulate employment conditions relating to occupational safety and health and to achieve safer and more healthful workplaces throughout the nation. The Act provides for a wide range of substantive and procedural rights for employees and representatives of employees. The Act also recognizes that effective implementation and achievement of its goals depend in large measure upon the active and orderly participation of employees, individually and through their representatives, at every level of safety and health activity. To help ensure that employees are, in fact, free to participate in safety and health activities, Section 11(c) of the Act prohibits any person from discharging or in any manner discriminating against any employee because the employee has exercised rights under the Act. These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection. OSHA also administers the whistleblowing provisions of fifteen other statutes, protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail and securities laws. A person filing a complaint of discrimination or retaliation will be required to show that he or she engaged in protected activity, the employer knew about that activity, the employer subjected him or her to an adverse employment action, and the protected activity contributed to the adverse action. Adverse employment action is generally defined as a material change in the terms or conditions of employment. Depending upon the circumstances of the case, "discrimination" can include: Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denial of benefits Failure to hire or rehire Intimidation Reassignment affecting prospects for promotion Reducing pay or hours The 16 statutes enforced by OSHA and the regulations governing their administration are listed below. Click on any statute for a downloadable PDF document. Section 11(c) of the Occupational Safety and Health Act of 1970 (OSHA) The Surface Transportation Assistance Act of 1982 (STAA), as amended by the Implementing Recommendations of the 9/11 Commission Act of 2007 The Asbestos Hazard Emergency Response Act of 1986 (AHERA) The International Safe Container Act of 1977 (ISCA) The Safe Drinking Water Act of 1974 (SDWA) The Federal Water Pollution Control Act of 1972 (FWPCA) The Toxic Substances Control Act of 1976 (TSCA) The Solid Waste Disposal Act of 1976 (SWDA) The Clean Air Act of 1977 (CAA) The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) The Energy Reorganization Act of 1974 (ERA) The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002 (CCFA) (Sarbanes-Oxley Act) Section 6 of the Pipeline Safety Improvement Act of 2002 (PSIA) The Federal Rail Safety Act (FRSA), as amended by the Implementing Recommendations of the 9/11 Commission Act of 2007 The National Transit Systems Security Act of 2007 (NTSSA), Section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007, Pub. L. No. 110-53 Regulations 29 CFR Part 1977 - Discrimination Against Employees Exercising Rights under the Williams-Steiger Occupational Safety and Health Act of 1970 29 CFR Part 1978 - Rules for Implementing Section 405 of the Surface Transportation Assistance Act of 1982 29 CFR Part 1979 - Procedures for the Handling of Discrimination Complaints under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century 29 CFR Part 1980 - Procedures for the Handling of Discrimination Complaints under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002 29 CFR Part 1981 - Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety Improvement Act of 2002 29 CFR Part 24 - Interim Final Rule, Procedures for the Handling of Retaliation Complaints under the Employee Protection Provisions of Six Federal Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as amended [PDF] Energy Reorganization Act (ERA) Poster [PDF] Filing a Complaint If you believe your employer has discriminated against you because you exercised your safety and health rights or other protected activity, contact your local OSHA Office right away. Most discrimination complaints fall under the OSH Act, which gives you only 30 days to report discrimination. Some of the other laws have complaint-filing deadlines that differ from OSHA's, so be sure to check. In addition, depending on the statute, you may need to file your complaint in writing. You can telephone, fax, or mail your OSHA 11(c) complaint. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed, but may be filed with any OSHA officer or employee. For more information, call your closest OSHA Regional Office: Boston (617) 565-2770 New York (212) 337-2378 Philadelphia (215) 861-4900 Atlanta (404) 562-2300 Chicago (312) 353-2220 Dallas (972) 850-4145 Kansas City (816) 283-8745 Denver (720) 264-6550 San Francisco (415) 625-2547 Seattle (206) 553-5930 Written complaints may be filed by mail (we recommend certified mail), fax, or hand delivery during business hours. The date postmarked, faxed, or hand-delivered is considered the date filed. OSHA conducts an in-depth interview with each complainant to determine the need for an investigation. If evidence supports the worker's claim of discrimination, OSHA will ask the employer to restore the worker's job, earnings and benefits. If the employer objects, OSHA may take the employer to court to seek relief for the worker. The procedures for investigations of discrimination complaints are contained in the OSHA Whistleblower Investigations Manual: Whistleblower Investigations Manual [PDF, 2.2Mb] Revised Interim Guidelines for Handling Privacy Act Files and FOIA Requests Policy for Approval of Settlements with Future Employment Waivers New Whistleblower Protections, effective August 3, 2007 Whistleblower Protection for Railroad Employees [PDF] Whistleblower Protection for Employees of Public Transportation Agencies [PDF] Whistleblower Publications Whistleblower Protections - General [PDF] Whistleblower Protections and the Environment [PDF] Whistleblower Protection for Employees in the Transportation Sector [PDF] Whistleblower Protection for Trucking Employees [PDF] Whistleblower Protection for Employees in the Aviation Industry [PDF] Whistleblower Protection for Railroad Employees [PDF] Whistleblowers & the Sarbanes-Oxley Act [PDF] Whistleblower Protection for Employees of Public Transportation Agencies [PDF] Whistleblower Links Office of Administrative Law Judges (OALJ) [DOL Site] Administrative Review Board [DOL Site] How to File a Complaint with OSHA   Accessibility Assistance: Documents posted on these pages that are not HTML formatted are available as text-enabled PDF documents and other Microsoft Office® formats. They are noted accordingly. If additional assistance is needed with reading/reviewing the documents please contact Bob Patterson at (202) 693-2129. Back to Top Back to Top www.osha.gov www.dol.gov Contact Us | Freedom of Information Act | Customer Survey Privacy and Security Statement | Disclaimers Occupational Safety & Health Administration 200 Constitution Avenue, NW Washington, DC 20210  
 

Discusses

protection

from

complaints

about

safety

and

health

hazards

in

the

workplace

and

the

environment.

http://www.osha.gov/dep/oia/whistleblower/

OSHA - Whistleblower Protection 2008 July

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Discusses protection from complaints about safety and health hazards in the workplace and the environment.

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