Whistleblower Protection for Employees 

Reporting Unsafe Intermodal Cargo Containers

Employees are protected from retaliation for reporting unsafe intermodal 

cargo containers or engaging in related activities by the International Safe 

Container Act (ISCA).

Covered Employees

Under ISCA, employees of companies, 

individuals, local governments, and certain 

interstate compact agencies are protected from 

retaliation for engaging in protected activity 

regarding an unsafe intermodal cargo container. 

An intermodal cargo container is an article of 

transport equipment designed to facilitate the 

transportation of goods by one or more modes 

of transport, without intermediate reloading. 

Protected Activity

An employee may not be discharged or 

otherwise retaliated against for:

• Reporting the existence of an unsafe 

intermodal cargo container

• Reporting a violation of ISCA or regulations 

issued under ISCA, including procedures 

for the testing, inspection, and initial approval 

of containers

What Is Retaliation?

Retaliation is an adverse action against an 

employee because of activity protected by ISCA. 

Retaliation can include several types of adverse 

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 an employee to the police or 

immigration authorities 

Deadline for Filing Complaints

Complaints must be filed within 60 days after the 

employee learns of the adverse action.

How to File an ISCA Complaint

An employee, or his or her representative, can 

file an ISCA 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.

FactSheet
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 46 U.S.C. § 80507.

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 ISCA whistleblower provision, 

46 U.S.C. § 80507, 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-4153 10/2021

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.