What Is Whistleblower Protection?
OSHA's Whistleblower Protection Program defends workers from retaliation when they report violations of workplace safety laws. This means your employer cannot punish you for exercising your legal safety rights.
Protected Activities
You are protected when you:
- File an OSHA complaint
- Participate in an OSHA inspection
- Speak to an OSHA inspector
- Seek access to employer exposure and injury records
- Report a work-related injury or illness
- Raise a safety or health concern with your employer
- Refuse to work under certain dangerous conditions
What Is Considered Retaliation?
Retaliation occurs when an employer takes an "adverse action" against you for engaging in protected activities. This includes:
- Firing or laying off
- Demoting
- Denying overtime or promotion
- Reducing pay or hours
- Disciplinary actions
- Threats, intimidation, or harassment
- Reassignment to a less desirable position
- Blacklisting from future employment
- Making your working conditions intolerable
Time Limits for Filing Complaints
You must file a whistleblower complaint within 30 calendar days of the retaliatory action. This deadline is strictly enforced, so don't delay if you believe you've experienced retaliation.
How to File a Whistleblower Complaint
Option 1: Online
- Visit www.osha.gov/whistleblower
- Fill out the online whistleblower complaint form
- Include all relevant details and any supporting evidence
Option 2: By Phone
- Call your local OSHA office
- Call the OSHA hotline at 1-800-321-OSHA (6742)
- Explain that you want to file a whistleblower complaint
Option 3: In Writing
- Write a letter or email to your local OSHA office
- Clearly state that you're filing a whistleblower complaint
- Include all relevant details (see below)
Option 4: In Person
- Visit your local OSHA office
- Ask to speak with someone about filing a whistleblower complaint
- Bring any supporting documents
What to Include in Your Complaint
- Your contact information
- Full name, address, phone number, email
- Best time to reach you
- Contact information for a representative (if applicable)
- Employer information
- Company name, address, phone number
- Names of management officials involved
- Type of business
- Description of events
- The protected activity you engaged in (what safety issue did you raise?)
- Who knew about your protected activity
- What adverse action was taken against you
- Why you believe there is a connection
- Dates of important events
- Witnesses
- Names and contact information of people who saw or heard relevant events
- Brief description of what they witnessed
- Supporting evidence
- Copies of any relevant documents (emails, texts, warnings, etc.)
- Notes of conversations about safety issues
- Performance reviews (before and after)
What Happens After You File
- Initial screening
- OSHA reviews your complaint to determine if it meets basic requirements
- If it doesn't meet requirements, OSHA will notify you
- Investigation
- If your complaint has merit, OSHA will investigate
- They will contact your employer with the allegations
- They may interview you, witnesses, and employer representatives
- They may request documents from your employer
- Determination
- If evidence supports your claim, OSHA will seek to settle the case
- If evidence doesn't support your claim, OSHA will dismiss it
- You'll receive the findings in writing
Possible Remedies
If OSHA finds that illegal retaliation occurred, they may order:
- Reinstatement to your job
- Payment of back wages
- Restoration of benefits
- Expunging disciplinary actions from your record
- Posting of notices about workers' rights
- Other remedies to make you "whole"
Protecting Yourself
To strengthen your position:
- Document all safety concerns in writing
- Keep copies of all safety-related communications
- Note dates, times, and witnesses to conversations
- Report safety issues through official channels
- Follow your employer's safety reporting procedures
- Describe hazards objectively and professionally
- Clearly state when you believe retaliation occurred
- Keep all evidence of retaliation
Your Right to Confidentiality
OSHA will keep your identity confidential if you request it, unless disclosure is necessary for the investigation. However, be aware that your employer may figure out who filed the complaint based on the nature of the issues raised.