Whistleblower Protection for Nuclear 

Industry Workers 

Individuals working for Nuclear Regulatory Commission contractors, 

subcontractors, and licensees and Department of Energy contractors and 

subcontractors are protected from retaliation for reporting potential violations 

of the Energy Reorganization Act (ERA) or the Atomic Energy Act (AEA) to their 

employers or to the government.

Covered Employees

Under the ERA, employees of the following 

employers are protected from retaliation for 

engaging in protected activity:

• Nuclear Regulatory Commission (NRC)

licensees and applicants for licenses,

including the Tennessee Valley Authority;

• NRC contractors and subcontractors;

• Contractors and subcontractors of NRC

licensees and applicants for licenses;

• Agreement state licensees and applicants for

licenses from agreement states, including

their contractors and subcontractors, and;

• Certain Department of Energy (DOE)

contractors and subcontractors

Protected Activity

If your employer is covered under the ERA, it 

may not discharge you or otherwise retaliate 

against you because you:

• Notified your employer of an alleged violation

of the ERA or the AEA;

• Refused to engage in any practice that is

unlawful under the ERA or the AEA, if you have

identified the alleged illegality to your employer;

• Testified before Congress or at any Federal or

State proceeding regarding any provision (or

proposed provision) of the ERA or the AEA;

• Commenced a proceeding, caused a

proceeding to be commenced, or are about

to commence or cause to be commenced a

proceeding under the ERA or the AEA;

• Testified, assisted or participated in, or are

about to testify, assist or participate in a

proceeding under the ERA or AEA; or

• Assisted, participated in, or are about to assist

or participate in any other action to carry out

the purposes of the ERA or the AEA.

What Is Retaliation?

Retaliation is an adverse action against an 

employee because of activity protected by the 

ERA. Retaliation can include several types of 

actions, such as:

• 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

• Making threats

Time Limits for Filing Complaints 

Complaints must be filed within 180 days after 

the alleged retaliatory action (that is, when the 

employee is notified of the action).

How to File an ERA Complaint 

An employee, or his or her representative, can 

file an ERA complaint with OSHA by visiting or 

calling his or her local OSHA office, sending a 

written complaint to the closest OSHA office, or 

filing a complaint online. No particular form is 

required and complaints may be submitted in 

any language. 

FactSheet
Written complaints may be filed by fax, 

electronic communication, hand delivery 

during business hours, U.S. mail (confirmation 

services recommended), or other third-party 

commercial carrier. 

The date of the postmark, fax, electronic 

communication, telephone call, hand delivery, 

delivery to a third-party commercial carrier, or 

in-person filing at an OSHA office is considered 

the date filed. 

To file a complaint electronically, please visit 

www.osha.gov/whistleblower/WBComplaint.html. 

To contact an OSHA area office, please call 

1-800-321-OSHA (6742) to be connected to the

closest area office. Or visit our website at www.

osha.gov/html/RAmap.html and click on your

state to find your local OSHA office address and

contact information.

When OSHA receives a complaint, the agency 

will first review it to determine whether certain 

basic requirements are met, such as whether the 

complaint was filed on time. If so, the complaint 

will then be investigated according to the 

procedures required by 29 CFR Part 24. 

Results of the Investigation

If the evidence supports an employee’s 

complaint of retaliation, OSHA will issue an 

order requiring the employer to, as appropriate, 

put the employee back to work, pay lost wages, 

restore benefits, and provide other possible 

relief. The exact requirements will depend on 

the facts of the case. If the evidence does not 

support the employee’s complaint, OSHA will 

dismiss the complaint. 

After OSHA issues a decision, the employer and/

or the employee may request a full hearing before 

an administrative law judge of the Department 

of Labor. The administrative law judge’s 

decision may be appealed to the Department’s 

Administrative Review Board. The employee 

may also file a complaint in federal court if the 

Department does not issue a final decision within 

365 days. See 42 U.S.C. § 5851(b)(4).

To Get Further Information

For a copy of the ERA whistleblower 

provision, 42 U.S.C. § 5851, the regulations 

(29 CFR Part 24), and other information, go to 

www.whistleblowers.gov.

OSHA’s Whistleblower Protection Programs 

enforce the whistleblower provisions of more 

than twenty federal whistleblower laws. To 

learn more about the whistleblower statutes 

that OSHA enforces, view our “Whistleblower 

Statutes Desk Aid” at www.whistleblowers.gov/

whistleblower_acts-desk_reference.pdf. 

For information on the Office of Administrative 

Law Judges procedures and case law research 

materials, go to www.oalj.dol.gov and click on 

the link for “Whistleblower.” 

For information on safety laws and regulations for 

NRC contractors, subcontractors, and licensees, 

visit the NRC’s website at www.nrc.gov. For 

information on safety laws and regulations for 

DOE contractors and subcontractors, visit DOE’s 

website at www.energy.gov. 

Under the Occupational Safety and Health 

Act of 1970, employers are responsible for 

providing safe and healthful workplaces for 

their employees. OSHA’s role is to ensure these 

conditions for America’s working men and 

women by setting and enforcing standards, and 

providing training, education, and assistance. 

For more information, visit www.osha.gov. 

DWPP FS-3948 04/2018

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.