Filing Whistleblower Complaints under the 

Seaman’s Protection Act 

Seamen are protected from retaliation for reporting alleged violations of maritime 

safety laws or regulations. 

Covered Employees

The Seaman’s Protection Act (SPA) prohibits persons 

from retaliating against seamen for engaging in 

certain protected activities pertaining to compliance 

with maritime safety laws and regulations.

A seaman is any individual engaged or employed 

in any capacity on board a U.S.-flag vessel or 

any other vessel owned by a citizen of the United 

States. For a definition of “citizen of the United 

States” you should refer to 29 CFR 1986.101(d).

Protected Activity

A person may not discharge or in any other manner 

retaliate against a seaman because the seaman: 

• Reported (or is about to report) information 

relating to a violation of maritime safety laws or 

regulations to the U.S. Coast Guard (USCG) or 

other appropriate federal agency or department;

• Reported (or is about to report) sexual 

harassment or sexual assault against the seaman 

or knowledge of sexual harassment or sexual 

assault against another seaman to the vessel 

owner, Coast Guard, or other appropriate federal 

agency or department;

• Refused to perform duties because of a 

reasonable apprehension of serious injury to 

the seaman, other seamen, or the public, if the 

seaman has first requested that the employer 

correct the dangerous condition;

• Testified in a proceeding brought to enforce a 

maritime safety law or regulation (this includes 

internal complaints);

• Notified or attempted to notify the vessel owner 

or the USCG of a work-related injury or illness of a 

seaman;

• Cooperated with a safety investigation by the 

USCG or the National Transportation Safety 

Board (NTSB);

• Furnished information to any public official 

relating to any marine casualty where there is 

death, injury, or damage to property occurring in 

connection with vessel transportation; or

• Accurately reported hours of duty under Part A of 

Subtitle II of Title 46 of the United States Code.

Unfavorable Employment Actions

A person may be found to have violated SPA if the 

seaman’s protected activity was a contributing 

factor in the person’s decision to take an unfavorable 

employment action against the seaman. An 

unfavorable employment action (“adverse action”) 

is any action taken by an employer which would 

dissuade a reasonable employee from engaging in 

protected activity. Such actions may include:

• Firing or laying off

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failure to hire or rehire

• Intimidation or harassment

• Making threats

• Reassignment affecting prospects for promotion

• 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 Complaints 

Complaints must be filed within 180 days after 

the alleged unfavorable employment action 

occurs (that is, when the seaman is notified of the 

retaliatory action). 

How to File a SPA Complaint 

A seaman, or representative of a seaman, who 

believes he or she has been retaliated against in 

violation of SPA, may file a complaint with OSHA. 

Complaints may be filed verbally by calling the 

local OSHA office at 1-800-321-OSHA (6742), 

or in writing by sending a written complaint 

to the closest OSHA office, or filing online at 

www.whistleblowers.gov/complaint_page. 

FactSheet
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.osha.gov/whistleblower/WBComplaint.

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/

contactus/bystate. 

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 180 days; whether the 

allegation is covered by SPA). All complaints are 

investigated according to statutory requirements 

explained in 29 CFR 1986.104.

Results of the Investigation

If the evidence supports a seaman’s claim of 

retaliation and a voluntary settlement cannot 

be reached, OSHA will issue an order requiring 

reinstatement, as well as other possible relief to 

make the seaman whole, including:

• Payment of back pay with interest.

• Compensation for special damages, to include 

attorney’s fees, and other expenses the seaman 

may have incurred as a result of the violation.

• Punitive damages of up to $250,000.

OSHA’s findings and order become a final order of 

the Secretary of Labor unless either party objects to 

the findings within 30 days. An order to reinstate is 

effective immediately, regardless of any objection.

After OSHA issues the findings and order, 

either party may request a full hearing before a 

Department of Labor (DOL) Administrative Law 

Judge (ALJ). If OSHA has issued merit findings, 

OSHA (represented by a DOL attorney) will 

ordinarily prosecute the case, but the parties retain 

their rights to litigate. Any party, including OSHA, 

may petition for review of the ALJ decision by 

the Department’s Administrative Review Board 

(ARB). Decisions of the ARB, as well as unreviewed 

decisions of ALJs, may be appealed to the 

appropriate United States Court of Appeals.

If a final agency order is not issued within 

210 days from the date the seaman’s complaint is 

filed with OSHA, then the seaman may be able to 

file a civil action in the appropriate United States 

District Court.

To Get Further Information 

For a copy of the Seaman’s Protection Act (46 U.S.C. 

§2114), the regulations (29 CFR 1986), 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.

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 maritime safety laws and 

regulations, visit the U.S. Coast Guard’s website 

at www.uscg.mil and the Bureau of Safety and 

Environmental Enforcement’s (BSEE) website at 

www.bsee.gov.

If you have questions or need more information, 

visit our website at www.whistleblowers.gov or 

call OSHA at 1-800-321-6742.

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 help ensure these 

conditions for America’s workers by setting and 

enforcing standards, and providing training, 

education, and assistance. For more information, 

visit www.osha.gov.

DWPP FS-3762 10-2023

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.