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Whistleblower protection laws
  • In addition to the OSH Act, several other federal statutes protect a worker’s right to report workplace safety and health hazards free from retaliation.

The whistleblower protection provisions of various statutes prohibit employers from discharging or otherwise discriminating against employees in retaliation for their disclosure about hazards or violations of various workplace safety and health, aviation safety, commercial motor carrier, consumer product, environmental, food safety, and other laws. Employees who believe that they have experienced retaliation in violation of one of these laws may file a complaint with Occupational Safety and Health Administration (OSHA).

Since the passage of the Occupational Safety and Health (OSH) Act in 1970, Congress has expanded the OSHA’s whistleblower protection authority to protect workers from retaliation under 25 federal statutes:

StatuteTitle
29 U.S.C. § 218CAffordable Care Act (ACA)
31 U.S.C. § 5323 (a)(5) & (g) & (j)Anti-Money Laundering Act (AMLA)
15 U.S.C. § 2651Asbestos Hazard Emergency Response Act (AHERA)
42 U.S.C. § 7622Clean Air Act (CAA)
42 U.S.C. § 9610Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
12 U.S.C. § 5567Consumer Financial Protection Act of 2010 (CFPA)
15 U.S.C. § 2087Consumer Product Safety Improvement Act (CPSIA)
15 U.S.C. § 7a-3Criminal Antitrust Anti-Retaliation Act (CAARA)
42 U.S.C. § 5851Energy Reorganization Act (ERA)
21 U.S.C. § 399dFDA Food Safety Modernization Act (FSMA)
49 U.S.C. § 20109Federal Railroad Safety Act (FRSA)
33 U.S.C. § 1367Federal Water Pollution Control Act (FWPCA)
46 U.S.C. § 80507International Safe Container Act (ISCA)
49 U.S.C. § 30171Moving Ahead for Progress in the 21st Century Act (MAP-21)
6 U.S.C. § 1142National Transit Systems Security Act (NTSSA)
29 U.S.C. § 660(c)Occupational Safety and Health Act (OSH Act), Section 11(c)
49 U.S.C. § 60129Pipeline Safety Improvement Act (PSIA)
42 U.S.C. § 300j-9(i)Safe Drinking Water Act (SDWA)
18 U.S.C. § 1514ASarbanes-Oxley Act (SOX)
46 U.S.C. § 2114Seaman's Protection Act (SPA)
42 U.S.C. § 6971 Solid Waste Disposal Act (SWDA)
49 U.S.C. § 31105Surface Transportation Assistance Act (STAA)
26 U.S.C. § 7623(d)Taxpayer First Act (TFA)

Whistleblower relation to state laws

The whistleblower programs do not preempt existing state statutes and common law claims. All provisions contained in the programs are in addition to protection provided by state laws.