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.

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 (such as employees of 

manufacturers of operational equipment for 

public transportation agencies). Employees of 

providers of other passenger transportation, 

such as 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 Surface 

Transportation 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 your employer is covered under NTSSA, it 

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 employer about an alleged violation 

of federal laws, rules, or regulations related 

to public transportation safety and security, 

or about fraud, waste, or abuse of federal 

grants or other public funds intended for public 

transportation safety or security.

• Refused to violate or assist in a violation of 

any federal law, rule or regulation relating to 

public transportation safety or security.

• Filed a complaint, caused a proceeding to be 

brought or testified in a proceeding under one 

of these laws, rules or regulations.

• Reported a hazardous safety or security 

condition.

• Refused to work when confronted with 

an imminent hazardous safety or security 

condition. 

• Refused to authorize the use of any safety- or 

security-related equipment, track, or structures 

if those structures present an imminent 

hazardous safety or security condition.

You may also be covered if you were perceived 

as having engaged in the activities described 

above. 

What Is Retaliation?

Retaliation is an adverse action against an 

employee because of activity protected by the 

NTSSA. 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 occurred or after 

the date on which the employee became aware 

of the action.

FactSheet
DWPP FS-3876 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.

How to File a NTSSA Complaint 

An employee can file a NTSSA 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.

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 

first reviews 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 1982. 

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 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 210 days. See 6 U.S.C. § 1142.

To Get Further Information 

For a copy of NTSSA, 6 U.S.C. § 1142, the 

regulations (29 CFR 1982), and other information, 

go to www.whistleblowers.gov.

OSHA’s Whistleblower Protection Programs 

enforces the whistleblower provisions of more 

than twenty federal whistleblower laws. To 

learn more about the whistleblower statutes 

which 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 transportation safety 

laws and regulations, visit the Federal Transit 

Administration’s website at www.fta.dot.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.