What is the difference between filing a safety and health complaint with OSHA and filing a whistleblower complaint with OSHA?

A safety and health complaint relates to unsafe or unhealthful working conditions. A safety and health complaint filed with OSHA may prompt an inspection of a workplace. If a safety and health complaint is filed with OSHA that includes an allegation of retaliation, that portion of the complaint will be referred to the Whistleblower Protection Program for possible investigation.

A whistleblower complaint relates to alleged action taken against an employee in retaliation for engaging in activity protected by the whistleblower laws that OSHA enforces. For example, if an employer retaliates against an employee for making a safety and health complaint, such retaliation violates Section 11(c) of the Occupational Safety and Health Act of 1970 (“OSH Act”). A whistleblower complaint may prompt an investigation into whether an employer retaliated against an employee for engaging in protected activity under these whistleblower laws. If a whistleblower complaint is filed with OSHA that includes allegations of safety and health hazards, that portion of the complaint will be referred to the Safety and Health Enforcement Program for possible inspection.