• 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 the Occupational Safety and Health Administration (OSHA) determines that retaliation in violation of the Occupational Safety and Health (OSH) Act, Asbestos Hazard Emergency Response Act, or the International Safe Container Act 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. Under the remaining 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.

Employers penalties

When a violation has occurred, the employer is notified of the violation determination and efforts are made to conciliate the situation. The employer may appeal a violation determination to an administrative law judge, if done within five calendar days of the notification of the determination. The administrative law judge’s decision is referred to the Secretary of Labor for a final order.

The Secretary may affirm or set aside the administrative law judge’s decision. Where the Secretary concludes that a violation has occurred, the final order may instruct the employer to take affirmative action to abate the violation and provide for appropriate relief, which may include restoration of back pay, employment status, and benefits. The Secretary may also order the employer to provide compensatory damages to the employee.

Appeals

If dissatisfied with the Secretary’s decision, the employer may appeal in federal court. Final determinations on violations are enforceable through the courts.

The employee is entitled to similar appeal rights under the Acts. Under some of the laws, an employee may file the retaliation complaint in the federal district court if the Department of Labor has not issued a final decision within a specified number of days (180, 210 or 365 depending on the law).