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A “whistleblower” is someone who reports or otherwise seeks to stop illegal or improper actions by a company or someone in the company. “Whistleblowing” activities may include making a report to management or the board of directors, or reporting an activity to a government agency.
Scope
The Occupational Safety and Health Administration’s (OSHA’s) Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees who report violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. Rights afforded by these whistleblower protection laws include, but are not limited to, worker participation in safety and health activities, reporting a work-related injury, illness or fatality, or reporting a violation of the statutes herein.
Regulatory citations
OSHA is responsible for enforcing whistleblower protection under a number of laws, such as the following:
- Section 11(c) of the Occupational Safety and Health Act (OSH Act)
- Asbestos Hazard Emergency Response Act (AHERA)
- Clean Air Act (CAA)
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
- Energy Reorganization Act (ERA)
- Federal Water Pollution Control Act (FWPCA)
- Safe Drinking Water Act (SDWA)
- Solid Waste Disposal Act (SWDA)
- Toxic Substances Control Act (TSCA)
- Federal Railroad Safety Act (FRSA)
- International Safe Container Act (ISCA)
- Moving Ahead for Progress in the 21st Century Act (MAP-21)
- National Transit Systems Security Act (NTSSA)
- Pipeline Safety Improvement Act (PSIA)
- Seaman’s Protection Act (SPA)
- Surface Transportation Assistance Act (STAA)
- Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)
- Affordable Care Act (ACA)
- Consumer Financial Protection Act (CFPA)
- Sarbanes-Oxley Act (SOX)
- Consumer Product Safety Improvement Act (CPSIA)
- FDA Food Safety Modernization Act (FSMA)
- Taxpayer First Act (TFA)
Key definitions
- Whistleblower: Someone who reports or otherwise seeks to stop actions by a company or person because of illegal or improper behaviors.
- Whistleblower protection: If employees have knowledge of wrongdoing on the part of their employer, the employees may take steps to point out the activities and be free from fear of retaliation. This is the basis of whistleblower protection laws.
- Whistleblowing activities: Includes making a report to management or the board of directors within a company, or reporting an illegal or improper activity to a government agency.
Summary of requirements
Employers may not discriminate against their employees for exercising their rights under the OSH Act. These rights include filing an OSHA complaint, participating in an inspection or talking to an inspector, seeking access to employer exposure and injury records, reporting an injury, and raising a safety or health complaint with the employer.
The OSH Act. Section 11(c) of the OSH Act prohibits employers from discriminating against their employees for exercising their rights under the OSH Act. These rights include filing an OSHA complaint, participating in an inspection or talking to an inspector, seeking access to employer exposure and injury records, reporting an injury, and raising a safety or health complaint with the employer.
Timeframe. If workers have been retaliated or discriminated against for exercising their rights, they must file a complaint with OSHA within 30 days of the alleged adverse action. Since passage of the OSH Act in 1970, Congress has expanded OSHA’s whistleblower authority to protect workers from discrimination under 22 federal laws. Complaints must be reported to OSHA within set timeframes following the discriminatory action, as prescribed by law.