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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.
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.
OSHA is responsible for enforcing whistleblower protection under a number of laws, such as the following:
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.