Protected Activity

If your employer is covered under one of

these statutes, it may not discharge or in

any other manner retaliate against you

because you reported potential violations of

environmental laws and regulations to your

employer or to the government. Your

employer may not discharge or in any 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.

Limited Protections for Employees

Who Refuse to Work

These statutes do not expressly provide

protection for an employee who refuses to

work because of an alleged environmental

violation by an employer. The Secretary of

Labor, however, interprets this statute to

protect refusals to work when an employee

has a reasonable belief that his or her working conditions are unsafe or unhealthful,

and he or she does not receive an adequate

explanation from a responsible official that

the conditions are safe.

Unfavorable Personnel Actions

Your employer may be found to have violated

one of these statutes if your protected activity

was a motivating factor in its decision to take

an unfavorable personnel 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

• Reassignment affecting promotion

prospects

• Reducing pay or hours

Covered Employees

• Asbestos Hazard Emergency Response Act

(AHERA). [15 U.S.C. §2651] Provides protections for individuals who report potential violations of environmental laws relating to asbestos in elementary and secondary schools.

• Clean Air Act (CAA). [42 U.S.C. §7622]

Provides protections for employees who

report potential violations regarding air

emissions from area, stationary, and

mobile sources into the air.

• Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA).

[42 U.S.C. §9610] Provides protections for

employees who report potential violations

regarding clean-up of uncontrolled or

abandoned hazardous waste sites as well

as accidents, spills, and other emergency

releases of pollutants and contaminants

into the environment.

• Federal Water Pollution Control Act

(FWPCA). [33 U.S.C. §1367] Provides protections for employees who report potential violations regarding discharges of pollutants into the waters of the United States.

• Safe Drinking Water Act (SDWA). [42

U.S.C. §300j-9(i)] Provides protections for

employees who report potential violations

regarding all waters actually and potentially designed for drinking use, whether

from above ground or underground

sources.

• Solid Waste Disposal Act (SWDA). [42

U.S.C. §6971] Provides protections for

employees who report potential violations

regarding the disposal of solid and hazardous waste at active and future facilities.

• Toxic Substances Control Act (TSCA). [15

U.S.C. §2622] Provides protections for

employees who report potential violations

regarding industrial chemicals currently

produced or imported into the United

States.

FactSheet

Whistleblower Protections

and the Environment

You may file a complaint with OSHA if your employer retaliates against you with unfavorable personnel action because you reported a potential environmental violation.
Deadline for Filing a Complaint

Depending on the statute, complaints must

be filed within 30 days (CAA, CERCLA,

FWPCA, SDWA, SWDA, TSCA) or 90 days

(AHERA) after the alleged unfavorable personnel action occurs (that is, when you

become aware of the retaliatory action).

How to File a Complaint

An employee, or representative of an

employee who believes that he or she has

been retaliated against in violation of the

above statute(s) 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 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) 565-9860

• NewYork (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

Addresses, fax numbers and other contact

information for these offices can be found

on OSHA’s website, www.osha.gov, and in

local directories. With the exception of

AHERA, complaints must be filed in writing,

by mail (we recommend certified mail), fax,

or hand delivery during business hours. The

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.

date postmarked, faxed or hand delivered is

considered the date filed. AHERA complaints may be filed orally or in writing.

Results of the Investigation

If the evidence supports your claim of retaliation and a settlement cannot be reached,

OSHA will issue an order requiring your

employer to reinstate you, pay back-wages,

restore benefits, and other possible relief to

make you whole.

Hearings and Review

Under CAA, CERCLA, FWPCA, SDWA,

SWDA and TSCA, after OSHA issues its

findings and order, either party may request

an evidentiary hearing before an administrative law judge of the Department of Labor.

The administrative law judge’s decision and

order may be appealed to the Department’s

Administrative Review Board for review.

Although there is no statutory right to

appeal of AHERA determinations, if a complaint is dismissed, it may be appealed to

OSHA’s national office for further review.

To Get Further Information

For more information on employee whistleblower protection provisions, including

copies of the statutes and regulations, go to

www.osha.gov and click on the link for

“Whistleblower Protection.”

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.”

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information:

DEP 1/2008