FactSheet

Filing Whistleblower Complaints under the 

Toxic Substances Control Act

Employees are protected from retaliation for reporting alleged violations of 

environmental laws and regulations related to industrial chemicals.

Covered Employees

The Toxic Substances Control Act (TSCA) 

prohibits employers from retaliating against 

employees for engaging in protected activities 

pertaining to alleged violations of environmental 

laws and regulations related to industrial 

chemicals currently produced or imported into the 

United States.

Coverage extends to all private sector employees 

in the United States. TCSA coverage does not 

extend to federal, state, or municipal employees.

Protected Activity

An employer 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 TSCA 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

An employer may be found to have violated 

TSCA 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 TSCA Complaint 

An employee, or representative of an employee, 

who believes he or she has been retaliated 

against in violation of TSCA 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 TSCA). 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.

• Punitive damages.

• 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 Toxic Substances Control 

Act (15 U.S.C. §2622), 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-3814 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.