FactSheet

Filing Whistleblower Complaints under the 

Comprehensive Environmental Response, 

Compensation and Liability Act

Employees are protected from retaliation for reporting alleged violations of 

environmental laws and regulations related to the 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.

Covered Employees

The Comprehensive Environmental Response, 

Compensation and Liability Act (CERCLA) prohibits 

employers from retaliating against employees 

for engaging in protected activities pertaining 

to alleged violations of environmental laws and 

regulations related to the 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.

Coverage extends to all private sector, federal, state 

and municipal employees in the United States.

Protected Activity

A person may not discharge or in any manner 

retaliate against an employee because the employee: 

• Provided (or is about to provide) information 

relating to a violation of CERCLA to the 

Environmental Protection Agency (EPA) or other 

appropriate Federal agency or department; 

• Testified or was about to testify in any such 

proceeding under this statute;

• Refused to perform duties in good faith, 

based on a reasonable belief that the working 

conditions are unsafe and unhealthful;

• Participated or assisted in a proceeding under 

this statute.

Unfavorable Employment Actions

A person may be found to have violated CERCLA if 

the employee’s protected activity was a motivating 

factor in the person’s decision to take unfavorable 

employment action against the employee. Such 

actions may include: 

• Firing or laying off

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failure to hire or rehire

• Intimidation

• Making threats

• Reassignment affecting prospects for promotion

• Reducing pay or hours

Deadline for Filing Complaints 

Complaints must be filed within 30 days after the 

alleged unfavorable employment action occurs 

(that is, when the employee is notified of the 

retaliatory action). 

How to File a CERCLA Complaint 

An employee, or representative of an employee, 

who believes he or she has been retaliated against 

in violation of CERCLA may file a complaint 

with OSHA. Complaints may be filed verbally 

with OSHA by visiting or calling the local OSHA 

office at 1-800-321-OSHA (6742), or may be filed 

in writing by sending a written complaint to the 

closest OSHA regional or area office, or by filing 

a complaint online at www.whistleblowers.gov/

complaint_page.html. 

Written complaints may be filed by facsimile, 

electronic communication, hand delivery during 

normal business hours, U.S. mail (confirmation 

services recommended), or other third-party 

commercial carrier. 
The date of the postmark, facsimile, 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. No particular form is required and 

complaints may be submitted in any language. 

To file a complaint electronically, please visit 

www.whistleblowers.gov/complaint_page.html.

To contact OSHA to file a complaint, please call 

1-800-321-OSHA (6742) and they will connect you 

to the closest office; or visit www.osha.gov/html/

RAmap.html. 

Upon receipt, OSHA will review the complaint to 

determine whether it is appropriate to conduct 

a fact-finding investigation (e.g., whether the 

complaint was filed within 30 days; whether the 

allegation is covered by CERCLA). All complaints 

are investigated according to statutory 

requirements in 29 CFR Part 24.

Results of the Investigation

If the evidence supports an employee’s claim 

of retaliation and a voluntary settlement cannot 

be reached, OSHA will seek relief to make the 

employee whole, including:

• Payment of back pay with interest.

• Compensation for special damages, to include 

attorney’s fees, and other expenses the employee 

may have incurred as a result of the violation.

• Reinstatement.

OSHA’s findings and order become the final order 

of the Secretary of Labor unless either party 

objects to the findings within 30 days. 

After OSHA issues its findings and order, 

either party may request a full hearing before a 

Department of Labor Administrative Law Judge 

(ALJ). The ALJ’s decision and order may be 

appealed to the Department’s Administrative 

Review Board. 

To Get Further Information 

For a copy of the Comprehensive Environmental 

Response, Compensation and Liability Act (42 

U.S.C. §9610), the regulations (29 CFR Part 24), and 

other information, go to www.whistleblowers.gov.

OSHA’s Whistleblower Protection Program 

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 Collection.” 

For information on environmental safety laws and 

regulations, visit the EPA’s website at www.epa.gov.

If you have questions or need more information, 

visit our website at www.whistleblowers.gov or 

call OSHA at 1-800-321-6742.

DWPP FS-3813 06/2015

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: 1-877-889-5627.