What activities are protected under the whistleblower laws enforced by OSHA?

Employees have the right to engage in “protected activity.” Different activities are protected under each whistleblower law. Generally, protected activities include reporting conduct that the employee reasonably believes violates a relevant federal law; filing a complaint about a violation; and testifying, assisting, or participating in a proceeding related to a violation. In general, these protected activities include internal reporting of concerns to the employer, as well as reporting issues to relevant federal, state, or local regulatory agencies or law enforcement.

In some instances, OSHA’s whistleblower laws may provide even broader protection. For example, Section 11(c) of the Occupational Safety and Health Act bans retaliation against employees for reporting injuries, illnesses, or unsafe conditions to their employers, participating in OSHA inspections, and, under certain conditions, refusing to work when there is reasonable fear of death or serious injury.