FactSheet

Filing Whistleblower Complaints under 

the Moving Ahead for Progress in the 

21st Century Act (MAP-21)

Employees who work for motor vehicle manufacturers, part suppliers, and 

dealerships are protected from retaliation for reporting alleged violations of the 

National Traffic and Motor Vehicle Safety Act of 1966 (Chapter 301 of Title 49 of 

the United States Code).

Covered Entities

Section 31307 of the Moving Ahead for Progress 

in the 21st Century Act (MAP-21) prohibits motor 

vehicle manufacturers, part suppliers, and 

dealerships from retaliating against employees 

for engaging in certain protected activities, 

discussed below. 

Background 

Chapter 301 of Title 49 of the U.S. Code 

(Chapter 301) gives the National Highway Traffic 

Safety Administration (NHTSA) the authority 

to issue vehicle safety standards and to require 

manufacturers to recall vehicles that have a 

safety-related defect or that do not meet federal 

safety standards. It also contains other reporting 

and notification requirements for motor vehicle 

manufacturers and part suppliers. 

Protected Activity 

MAP-21 protects employees of covered entities 

from retaliation for: 

• providing information relating to any 

motor vehicle defect or alleged violations 

of Chapter 301, including NHTSA vehicle 

safety standards and the federal reporting 

requirements for auto manufacturers, to:

− his or her employer (including auto 

manufacturers, parts suppliers and 

dealerships), or 

− the U.S. Department of Transportation 

• filing, testifying, assisting, or participating in 

a proceeding concerning any motor vehicle 

defect or alleged violation of Chapter 301, 

including NHTSA vehicle safety standards and 

the federal reporting requirements for auto 

manufacturers, or

• objecting to or refusing to participate in any 

activity that he or she reasonably believed to 

be in violation of Chapter 301 or any order, rule, 

regulation, standard, or ban under Chapter 301.

What is Retaliation?

Retaliation is not limited to firing an employee. 

Retaliation can include several types of actions, 

such as:

• Firing or laying off

• Reducing pay or hours

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidating

• Making threats

• Reassigning

Time Limits for Filing Complaints 

An employee who believes that he or she has 

been retaliated against in violation of MAP-21 

may file, or have a representative file on 

their behalf, a complaint with OSHA. MAP-21 

complaints must be filed within 180 days after 

the alleged retaliatory action (that is, when the 

employee is notified of the retaliatory action).

How to File a MAP-21 Complaint 

An employee can file a MAP-21 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) and they will 

connect you 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 

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 29 CFR Part 1988.

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 49 U.S.C. 30171. 

To Get Further Information 

For a copy of MAP-21 (49 U.S.C. §30171), the 

regulations (29 CFR Part 1988), and other 

information, go to www.whistleblowers.gov. 

OSHA’s Whistleblower Protection Program 

enforces the whistleblower provisions of more 

than twenty federal whistleblower statutes. 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 NHTSA and motor vehicle 

safety, go to www.nhtsa.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-3716 12/2016

This is one of 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 and regulations, refer to Title 29 of the Code of Federal Regulations. 

This information will be made available to sensory-impaired individuals upon request. Voice phone 

number: (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.