The Occupational Safety and Health Act (OSH Act) and a number of other laws protect workers against retaliation for complaining to their employers, unions, the Occupational Safety and Health Administration (OSHA), or other government agencies about unsafe or unhealthful conditions in the workplace, environmental problems, certain public safety hazards, and certain violations of federal provisions concerning securities fraud, as well as for engaging in other related protected activities. Whistleblowers may not be transferred, denied a raise, have their hours reduced, or be fired or punished in any other way because they have exercised any right afforded to them under one of the laws that protect whistleblowers.
Pursuant to most of these laws, discrimination complaints must be filed as soon as possible - within 30 days of the alleged reprisal. OSHA Area Office staff can explain the protections under the whistleblower laws and deadlines for filing complaints.
Workers who believe that they have been subject to retaliation for engaging in health and safety actions that are protected under the OSH Act may file complaints with a federal OSHA Area Office representative. In those states operating OSHA-approved State Plan (except those plans covering only public sector employees), private sector employees may file complaints for retaliation with either a federal OSHA Area Office representative or with a State Plan representative. States with OSHA-approved State Plans also protect state and local government employees against retaliation, but in those states, public sector workers can file complaints for retaliation only with State Plan representatives.
Surface Transportation Assistance Act of 1982 (STAA) - Provides specific safety and health discrimination protections for truck drivers and other employees relating to the safety of commercial motor vehicles. Coverage includes private-sector workers whose work affects the safety of vehicles with a gross vehicle weight rating (or a gross vehicle weight) of 10,001 pounds or more; vehicles designed to transport more than 10 passengers, including the driver; and vehicles transporting materials determined by the U.S. Department of Transportation to be hazardous and to require placarding.
Asbestos Hazard Emergency Response Act of 1986 (AHERA) - Provides employee protection against retaliation for reporting violations of environmental laws relating to asbestos in elementary and secondary school systems, whether public or non-profit private.
Energy Reorganization Act of 1978 (ERA) - Provides occupational safety and health discrimination protections for employees of operators, applicants, contractors, and subcontractors of nuclear power plants licensed by the Nuclear Regulatory Commission and for employees of contractors working under contract with the U.S. Department of Energy (so-called GOCO sites).
Clean Air Act of 1977 (CAA) - Provides discrimination protection and provides for the development and enforcement of standards regarding air quality and air pollution. Employees are protected from retaliation for reporting violations, or alleged violations, of the standards.
Safe Drinking Water Act of 1974 (SDWA) - Requires that all drinking water systems in public buildings and new construction of all types be lead free. Employees are protected from retaliation for reporting violations, or alleged violations, of the law.
Federal Water Pollution Control Act of 1972 (FWPCA) - Also called the "Clean Water Act," basically prohibits any and all hazardous pollution of waters that provide a natural habitat for living things. Persons reporting such pollution, or alleged polution, are protected from discrimination.
Toxic Substances Control Act (TSCA),15 USC § 2622 - Regulates the manufacture, distribution, and use of certain toxic substances. Employees are protected from retaliation for reporting violations, or alleged violations, of the Act.
Solid Waste Disposal Act of 1976 (SWDA) - Also called the Resource Conservation and Recovery Act (RCRA), provides technical and financial assistance for the development of facilities for the recovery of energy and other resources from discarded materials and to regulate the management of hazardous waste. Employees are protected from discrimination for exercising certain rights under the Acts.
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) - Provides for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and for the cleanup of inactive hazardous waste disposal sites. Employees are protected from discrimination for exercising certain rights under the Acts.
Pipeline Safety Improvement Act (PSIA), 49 USC § 60129 - Provides discrimination protection for employees who report violations, or alleged violations, of federal law regarding pipeline safety and security or who refuse to violate such provisions.
29 CFR 1981 Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety Improvement Act of 2002 Provides procedures and time frames for the handling of discrimination complaints under the Pipeline Safety Act, including procedures and time frames for employee complaints to the Occupational Safety and Health Administration (OSHA), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (acting on behalf of the Secretary), and judicial review of the Secretarys final decision.
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