OSHA’s Whistleblower Protection Program

OSHA’s Whistleblower Protection Program enforces the provisions of more than 

20 federal laws protecting employees from retaliation for, among other things, raising 

or reporting concerns about hazards or violations of various workplace safety and 

health, aviation safety, commercial motor carrier, consumer product, environmental, 

financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, 

pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, 

and anti-money laundering laws. Employees who believe that they have experienced 

retaliation in violation of one of these laws may file a complaint with OSHA.

Whistleblower Laws Enforced by OSHA

Following is a list of statutes which OSHA enforces. 

Each statute has a different time frame in which a 

complaint can be filed.

• Anti-Money Laundering Act (90 days)

• Asbestos Hazard Emergency Response Act 

(90 days)

• Clean Air Act (30 days)

• Comprehensive Environmental Response, 

Compensation and Liability Act (30 days)

• Consumer Financial Protection Act of 2010 

(180 days)

• Consumer Product Safety Improvement Act 

(180 days)

• Criminal Antitrust Anti-Retaliation Act (180 days)

• Energy Reorganization Act (180 days)

• Federal Railroad Safety Act (180 days)

• Federal Water Pollution Control Act (30 days)

International Safe Container Act (60 days)

• Moving Ahead for Progress in the 21st Century 

Act (motor vehicle safety) (180 days)

• National Transit Systems Security Act (180 days)

• Occupational Safety and Health Act (OSH Act) 

(30 days)

• Pipeline Safety Improvement Act (180 days)

• Safe Drinking Water Act (30 days)

• Sarbanes-Oxley Act (180 days)

• Seaman’s Protection Act (180 days)

• Section 402 of the FDA Food Safety 

Modernization Act (180 days)

• Section 1558 of the Affordable Care Act (180 days)

• Solid Waste Disposal Act (30 days)

• Surface Transportation Assistance Act (180 days)

• Taxpayer First Act (180 days)

• Toxic Substances Control Act (30 days)

• Wendell H. Ford Aviation Investment and Reform 

Act for the 21st Century (90 days)

What Is Retaliation?

Retaliation is an adverse action against an 

employee because of activity protected by one of 

these whistleblower laws. Retaliation can involve 

several types of actions, such as:

• Firing or laying off

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation or harassment

• Making threats

• Reassignment to a less desirable position or 

affecting promotion prospects

• Reducing pay or hours

• More subtle actions, such as isolating, 

ostracizing, mocking, or falsely accusing the 

employee of poor performance 

• Blacklisting (intentionally interfering with an 

employee’s ability to obtain future employment) 

• Constructive discharge (quitting when an 

employer makes working conditions intolerable 

due to the employee’s protected activity) 

• Reporting the employee to the police or 

immigration authorities

Filing a Complaint

Employees who believe that their employers 

retaliated against them because they engaged in 

protected activity should contact OSHA as soon 

as possible because they must file any complaint 

within the legal time limits.

An employee can file a complaint with OSHA by 

visiting or calling their 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
DWPP FS-3638 08/2022

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.

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. 

To contact an OSHA area office, employees should 

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

the closest area office or visit www.osha.gov/

contactus/bystate to find local OSHA office 

address and contact information. 

When OSHA receives a complaint, OSHA 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 be investigated in order to determine whether 

the employer retaliated against the employee for 

engaging in activity protected under one of OSHA’s 

whistleblower laws. OSHA may also attempt to 

assist the employer and employee in reaching a 

settlement of the case. 

Private-sector employees throughout the United 

States and its territories and employees of the United 

States Postal Service (USPS) who suffer retaliation 

because of occupational safety or health activity are 

covered by section 11(c) of the OSH Act. In addition, 

private-sector employees are also covered by laws 

in States which operate their own comprehensive 

occupational safety and health programs approved 

by Federal OSHA (“State Plans”). For information 

on the whistleblower provisions of the 22 State Plan 

States which cover private-sector employees, visit 

www.osha.gov/stateplans. 

With the exception of employees of the USPS, 

public-sector employees (those employed as 

municipal, county, state, territorial, or federal 

workers) are not covered by the OSH Act. State and 

local government employees are covered by the 

whistleblower provisions of all the States with State 

Plans, including six States which cover only State 

and local government employees.

A federal employee who is not a USPS employee 

who wishes to file a complaint alleging retaliation 

due to disclosure of a substantial and specific 

danger to public health or safety or involving 

a violation of an occupational safety or health 

standard or regulation should contact the Office 

of Special Counsel (www.osc.gov). Such federal 

employees are also covered by their own agency’s 

procedures for remedying such retaliation.

Public-sector employees who are unsure whether 

they are covered under a whistleblower law should 

call 1-800-321-OSHA (6742) for assistance, or visit 

www.whistleblowers.gov. 

Results of the Investigation

If OSHA determines that retaliation in violation 

of the OSH Act, Asbestos Hazard Emergency 

Response Act, or the International Safe Container 

Act has occurred, the Secretary of Labor may sue 

in federal district court to obtain relief. If OSHA 

determines that no retaliation has occurred, it will 

dismiss the complaint.

Under the other whistleblower laws, if the evidence 

supports an employee’s complaint of retaliation, 

OSHA will issue an order requiring the employer, as 

appropriate, to put the employee back to work, pay 

lost wages, and provide other possible relief. 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 (ARB); in 

significant cases the Secretary of Labor may review 

the ARB decision. Aggrieved parties may seek review 

of final DOL decisions by the courts of appeals.

Under some of the laws, an employee may file 

the retaliation complaint in federal district court 

if the Department has not issued a final decision 

within a specified number of days (180, 210 or 365 

depending on the law).

To Get Further Information

To obtain more information on whistleblower laws, 

go to www.whistleblowers.gov.