rity-related equipment, track or structures. You may

also be covered if you were perceived as having

engaged in the activities described above.

Adverse Actions

Your employer may be found to have violated

NTSSA if your protected activity was a contributing

factor in its decision to take adverse action against

you. Such actions may include:

• Firing or laying off

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation

• Making threats

• Reassignment affecting promotion prospects

• Reducing pay or hours

Deadline for Filing a Complaint

Complaints must be filed within 180 days after the

alleged adverse action occured.

How to File a Complaint

A worker, or representative of a worker, who

believes that he or she has been retaliated against

in violation of this statute may file a complaint with

OSHA. The complaint should be filed with the

OSHA office responsible for enforcement activities

in the geographical area where the worker lives or

was employed, but may be filed with any OSHA

officer or employee. For more information, call

your nearest OSHA Regional Office:

• Boston (617) 565-9860

• NewYork (212) 337-2378

• Philadelphia (215) 861-4900

• Atlanta (404) 562-2300

• Chicago (312) 353-2220

On August 3, 2007, the National Transit Systems

Security Act (NTSSA), 6 U.S.C. §1142, became law

as part of The Implementing Recommendations

of the 9/11 Commission Act (Public Law 110-53),

establishing retaliation protections for public transportation agency workers.

Covered Employees

In general, NTSSA covers employees of a public

transportation agency or its contractors or subcontractors if the public transportation agency provides regular and continuing general or special

transportation to the public (e.g., public subway,

commuter rail or bus systems). Employees of

providers of school bus, charter, or sightseeing

transportation are not covered; however, these

employees may be protected against retaliation for

complaining about workplace safety and health

conditions under the SurfaceTransportation

Assistance Act of 1982 (STAA) or Section 11(c) of

the federal Occupational Safety and Health Act or

an equivalent state law.

Protected Activity

If you are covered under NTSSA, your employer

may not discharge you or in any other manner

retaliate against you because you provided information to, caused information to be provided to, or

assisted in an investigation by a federal regulatory

or law enforcement agency, a member or committee of Congress, or your company about an alleged

violation of federal laws and regulations related to

public transportation safety and security, or about

fraud, waste or abuse of funds intended for public

transportation safety or security. Your employer

may not discharge or in any other manner retaliate

against you because you filed, caused to be filed,

participated in, or assisted in a proceeding under

one of these laws or regulations. In addition,

under NTSSA, your employer may not discharge

or in any manner retaliate against you because you

reported a hazardous safety or security condition,

refused to work under certain conditions, or

refused to authorize the use of any safety- or secuFactSheet

Whistleblower Protection for Public

Transportation Agency Workers

Individuals working for public transportation agencies are protected from retaliation for

reporting potential safety or security violations to their employers or to the government.
• Dallas (972) 850-4145

• Kansas City (816) 283-8745

• Denver (720) 264-6550

• San Francisco (415) 625-2547

• Seattle (206) 553-5930

Addresses, fax numbers and other contact information for these offices can be found on the

Whistleblower Protection Program’s website,

www.whistleblowers.gov, and in local directories.

Complaints may be filed orally or in writing, by

mail (we recommend certified mail), e-mail, fax, or

hand-delivery during business hours. The date of

postmark, delivery to a third party carrier, fax, email, phone call, or hand-delivery is considered the

date filed. If the worker or his or her representative

is unable to file the complaint in English, OSHA

will accept the complaint in any language.

Results of the Investigation

If the evidence supports your claim of retaliation

and a settlement cannot be reached, OSHA will

issue a preliminary order requiring the appropriate

relief to make you whole. Ordered relief may

include:

• Reinstatement with the same seniority and

benefits.

• Payment of backpay with interest.

• Compensatory damages, including compensation for special damages, expert witness fees

and reasonable attorney’s fees.

• Punitive damages of up to $250,000.

OSHA’s findings and preliminary order become a

final order of the Secretary of Labor, unless a party

objects within 30 days.

Hearings and Review

After OSHA issues its findings and preliminary

order, either party may request a hearing before an

administrative law judge of the U.S. Department of

Labor. A party may seek review of the administrative law judge’s decision and order before the

Department’s Administrative Review Board. Under

NTSSA, if there is no final order issued by the

Secretary of Labor within 210 days after the filing

of the complaint, then you may be able to file a

civil action in the appropriate U.S. district court.

To Get Further Information

For a copy of the statutes, the regulations and

other whistleblower information, go to www.

whistleblowers.gov. For information on the Office of

Administrative Law Judges procedures, decisions

and research materials, go to www.oalj.dol.gov and

click on the link for “Whistleblower.”

This is one in a series of informational fact sheets highlighting OSHA programs, policies or 

standards. It does not impose any new compliance requirements. For a comprehensive list of 

compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal

Regulations. This information will be made available to sensory impaired individuals upon request.

The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information:

DEP 8/2010