FactSheet

Filing Whistleblower Complaints under the 

Federal Water Pollution Control Act 

Employees are protected from retaliation for reporting alleged violations regarding 

the discharge of pollutants from a point source into navigable waters, unless a 

permit was obtained under its provision. 

Covered Employees

The Federal Water Pollution Control Act (FWPCA)

prohibits employers from retaliating against 

employees for engaging in protected activities 

pertaining to alleged violations of pollutants 

being discharged into navigable waters from 

various point sources.

Coverage extends to all private sector, state 

and municipal employees, and to employees of 

Indian tribes in the United States.

Protected Activity

A person 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 the FWPCA 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

A person may be found to have violated FWPCA 

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 FWPCA Complaint 

An employee, or representative of an employee, 

who believes he or she has been retaliated against 

in violation of FWPCA, 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 FWPCA). 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.

• 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 Federal Water Pollution 

Control Act, (33 U.S.C. §1367(a)), 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-3785 04/2015

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.