• If OSHA determines an employer has retaliated against an employee in violation of the OSH Act, the Secretary of Labor may sue in federal court. If no retaliation has occurred, the complaint will be dismissed.
• If evidence supports the employee’s complaint, the employers may be required to reinstate the employee, pay lost wages, or provide other forms of relief.

If OSHA determines that retaliation in violation of the Occupational Safety and Health (OSH) Act or certain other statutes has occurred, the Secretary of Labor may sue in federal district court to obtain relief. If OSHA determines that no retaliation has occurred, it will dismiss the complaint.

However, under certain other whistleblower laws, if the evidence supports an employee’s complaint of retaliation, OSHA will issue an order requiring the employer, as appropriate, to put the employee back to work, pay lost wages, and provide other possible relief. If the evidence does not support the employee’s complaint, OSHA will dismiss the complaint.

After OSHA issues a decision, the employer and/or the employee may request a full hearing before an administrative law judge of the Department of Labor (DOL).

Appeals

The administrative law judge’s decision may be appealed to the DOL’s Administrative Review Board (ARB); in significant cases the Secretary of Labor may review the ARB decision. Aggrieved parties may seek review of final DOL decisions by the courts of appeals.

Under some of the laws, an employee may file the retaliation complaint in federal district court if the DOL has not issued a final decision within a specified number of days (180, 210 or 365 depending on the law).