Whistleblower Protections
You have the right to report workplace hazards without fear of retaliation. OSHA also allows you to request that your identity be kept confidential and not disclosed to your employer.
Your Rights
Section 11(c) of the OSH Act of 1970 and 29 CFR Part 1977 prohibit employers from retaliating against employees because they exercised rights protected by the Act. Protected activities include:
- Reporting a workplace safety or health hazard to the employer
- Filing a safety or health complaint with OSHA
- Participating in an OSHA inspection
- Talking with an OSHA compliance officer
- Testifying or planning to testify in an OSHA proceeding
- Exercising any other right provided by the OSH Act, such as reporting a work-related injury or illness
Each rule 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 . Prohibited retaliation includes:
- Applying or issuing a policy that provides for an unfavorable personnel action due to activity protected by a whistleblower law enforced by OSHA.
- Blacklisting, demoting, or failing to hire or rehire.
- Taking disciplinary action.
- Denying benefits, overtime, or promotion.
- Firing, suspending, or laying off.
- Intimidating or threatening.
- Reassigning a worker to a less desirable position, including one that adversely affects prospects for promotion.
- Reducing pay or hours.
If your employer retaliates against you for exercising rights protected by the OSH Act, contact OSHA immediately. A Section 11(c) complaint must be filed with OSHA within 30 days of the alleged retaliation. To contact OSHA, call 1-800-321-OSHA (6742) and ask to be connected to your nearest area office. Complaints may be filed orally or in writing; no specific form is required.
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.
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?
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