If OSHA suspects retaliation took place, the agency will conduct an investigation. The investigation must reveal that:
- The employee engaged in protected activity,
- The employer knew about the protected activity, and
- The protected activity was the motivating factor (or under some laws, a contributing factor) in the decision to take the adverse action against the employee.
If the evidence supports the employee’s claim of retaliation, and a settlement cannot be reached, OSHA will issue an order requiring the employer to reinstate the employee, pay back wages, restore benefits, and other possible remedies to make the employee whole.