Whistleblower Protection for Workers 

Concerned About Asbestos in Elementary 

and Secondary Schools 

The Asbestos Hazard Emergency Response Act (AHERA) protects employees 

from retaliation for reporting potential asbestos violations in elementary and 

secondary schools.

Covered Entities 

Under AHERA, the following entities are 

prohibited from retaliating against employees for 

engaging in protected activity, as explained in 

the next section:

• Any public authority controlling a public 

elementary or secondary school 

• Educational service agencies

• Certain primary and secondary schools 

funded by the Bureau of Indian Education

• Owners of any private, non-profit elementary 

or secondary school building

• Any school operated under the Defense 

Dependents’ Education Act of 1978 

Protected Activity

A covered entity may not fire or otherwise 

retaliate against any employee, whether or not 

employed by a covered entity, for providing 

information to any person, including a State 

or federal agency, about a violation of AHERA. 

Such violations involve:

• Management and handling of asbestoscontaining material in the covered schools

• Transportation and storage of asbestoscontaining waste material

• Accreditation of a contractor or laboratory to 

do asbestos work

What Is Retaliation?

Retaliation is an adverse action against an 

employee because of activity protected by 

AHERA. Retaliation can include 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 

actions 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

Deadline for Filing a Complaint

Complaints must be filed within 90 days after the 

employee learns of the adverse action. 

How to File an AHERA Complaint

An employee, or his or her representative, can 

file an AHERA 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.

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/contactus/bystate 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 15 U.S.C. § 2651.

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 

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

a request for such review, within 15 days of the 

employee’s receipt of the dismissal letter and 

sending a copy to the Regional Administrator. 

To Get Further Information

For a copy of the AHERA whistleblower 

provision, 15 U.S.C. § 2651, 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 statues that OSHA 

enforces, view our “Whistleblower Statutes 

Summary Chart” at www.whistleblowers.gov/

whistleblower_acts-desk_reference. 

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-4167 12/2021

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.