Filing Whistleblower Complaints under 

Section 11(c) of the OSH Act of 1970

Employees are protected from retaliation for raising workplace health and safety 

concerns and for reporting work-related injuries and illnesses.

Covered Employees

Section 11(c) of the Occupational Safety 

and Health Act of 1970 (OSH Act) prohibits 

employers from retaliating against employees 

for exercising a variety of rights guaranteed 

under the OSH Act, such as filing a safety or 

health complaint with OSHA, raising a health 

and safety concern with their employers, 

participating in an OSHA inspection, or 

reporting a work-related injury or illness.

A covered employee is any employee of a person 

engaged in a business affecting interstate 

commerce, except employees of the United 

States, States, or political subdivisions of States.1

However, employees of the United States Postal 

Service are also covered employees.

Protected Activity

A person may not discharge or in any manner 

retaliate against an employee because the 

employee:

Filed any complaint or instituted or caused to be 

instituted any proceeding under or related to the 

OSH Act.

Exercised any right afforded by the OSH Act. 

Examples include, but are not limited to: 

• communicating orally or in writing with 

management personnel about occupational 

safety or health matters, including asking 

questions or expressing concerns, requesting 

safety data sheets, reporting a work-related 

injury or illness, or requesting copies of OSHA 

standards or regulations; 

1. Federal employees are protected from retaliation for occupational safety or health activity under procedures established 

by their agencies pursuant to Executive Order 12196. See 29 

CFR 1960.46-47. They are also protected from retaliation for 

whistleblowing under the Whistleblower Protection Act. For 

more information visit www.osc.gov.

• filing a safety/health complaint with OSHA;

• or participating in an OSHA on-site inspection.

Unfavorable Employment Actions

A person taking an unfavorable employment 

action against an employee may be found to 

have violated Section 11(c) of the OSH Act if 

the employee would not have experienced the 

unfavorable employment action(s) but for their 

protected activity. Unfavorable employment 

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).

Employees filing untimely retaliation complaints 

with OSHA may be referred to the National 

Labor Relations Board (NLRB) for possible 

further action.

How to File an 11(c) Complaint

An employee, or representative of an employee, 

who believes he or she has been retaliated 

against in violation of Section 11(c), may file 

a complaint with OSHA within 30 days of the 

unfavorable employment action (see above). 

Complaints may be filed verbally with OSHA 

FactSheet
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 Section 11(c)). 

All complaints are investigated according to 

requirements in 29 CFR Part 1977.

In the 22 states with OSHA-approved state plans 

which cover the private sector, employees may 

file a complaint under Section 11(c) of the OSH 

Act or a complaint under the State’s analogous 

whistleblower provision or both. The complaint 

with Federal OSHA must be filed within 30 days 

of the unfavorable employment action. The 

complaint filed with the State agency must be 

filed within the time limit prescribed by State law. 

State and local government employees in these 

States, and in six States with plans covering only 

State and local government employees, may 

only file occupational safety or health retaliation 

claims with the State agencies. For a list of state 

plans, please visit: www.osha.gov/dcsp/osp.

What to do about a Dangerous Situation 

at Work

If workers believe working conditions are unsafe 

or unhealthful, it is recommended that they bring 

the conditions to their employer’s attention, 

if possible, and before they are faced with 

either refusing to perform a task or exposing 

themselves to a serious hazard. 

Workers may file a complaint with OSHA 

concerning a hazardous working condition at 

any time. For information on occupational safety 

and health laws, standards, and regulations, visit 

OSHA’s website: www.osha.gov.

Not all work refusals due to unsafe or unhealthful 

conditions are protected by section 11(c). A worker 

would be protected from subsequent retaliation 

when the worker has a reasonable apprehension 

of death or serious injury; and refuses in good 

faith to perform the task; and has no alternative 

assignment; and there is insufficient time to have 

Federal or State OSHA conduct an inspection or 

where such an inspection has already taken place; 

and where possible the employee has sought from 

the employer but was unable to obtain correction 

of the dangerous condition. For more information: 

www.osha.gov/workers.

Results of the Investigation

If the evidence supports an employee’s claim 

of retaliation and a voluntary settlement cannot 

be reached, the Secretary of Labor, through 

the Office of the Solicitor of Labor (SOL), may 

litigate the case in U.S. District Court. The 

Secretary may seek relief to make the employee 

whole, including:

• Reinstatement.

• Payment of back pay with interest. 

• Compensation for expenses the employee may 

have incurred, as a result of the retaliation with 

interest; and for emotional distress.

• Punitive damages.

• Non-monetary relief.

If the OSHA Regional Administrator whose 

office investigated the case finds that the 

evidence does not support an employee’s claim 

of retaliation, the employee may seek review 

by the Directorate of Whistleblower Protection 
DWPP FS-3812 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.

Programs (DWPP) in Washington, D.C. by filing 

a request for such review, within 15 days of the 

employee’s receipt of the dismissal letter, with a 

copy to the Regional Administrator. 

To Get Further Information

For a copy of Section 11(c) of the Occupational 

Safety and Health Act (29 U.S.C. §660(c)), the 

regulations (29 CFR 1977), 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. You can 

also call OSHA at 1-800-321-OSHA (6742) if you 

have questions or need more information.