What elements must OSHA find to determine that retaliation in violation of a whistleblower law took place?

To find that unlawful retaliation took place, OSHA must determine that:

• The employee engaged in protected activity under one of OSHA’s whistleblower laws; and
• The employer knew about or suspected the protected activity; and
• The employer took an adverse action; and
• The protected activity caused the adverse action.

The precise standard for determining causation that OSHA uses in a case varies depending on the specific whistleblower law that applies to an employee’s complaint. More information about the standards that OSHA applies for determining whether retaliation occurred can be found in OSHA’s Whistleblower Investigations Manual.