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The “whistleblower” protection laws prohibit discrimination against workers who complain about safety violations in certain industries (i.e., nuclear plants, water treatment plants, waste disposal plants, etc.). These laws protect workers who alert the proper authorities of dangers to the public safety.
Whistleblower protection laws apply to general industry and construction employers/employees. Employers may not punish or retaliate against workers for exercising their rights.
Acting authority. The Wage and Hour Division of the Employment Standards Administration (ESA) had the authority to investigate and resolve complaints of on-the-job discrimination against workers (called “whistleblowers”) who call attention to violations of seven federal laws that protect the nation’s air, water, environment, and nuclear facilities. However, in February 1997 that responsibility was assumed by the Occupational Safety and Health Administration (OSHA).
Employees who believe they have been discriminated against in violation of protective provisions may file a complaint, within 30 days of the alleged violation, with OSHA.
Protection provisions. The “whistleblower” protection provisions of various acts prohibit employers from discharging or otherwise discriminating against employees in retaliation for their disclosure to the employer or to the appropriate federal agency of safety and health hazards.
They also protect employee participation in formal government proceedings in connection with safety and health hazards. Employees have the right under the Acts to refuse to work in hazardous or unsafe situations.
The acts specifically exclude from protection the disclosure of hazards deliberately caused by an employee. Additionally, the statutes do not protect “frivolous” complaints.
Penalties. Upon receipt of a complaint, OSHA conducts an investigation to determine whether a violation has occurred. When a violation has occurred, the employer is notified of the violation determination and efforts are made to conciliate the situation. The employer may appeal a violation determination to an administrative law judge, if done within 5 calendar days of the notification of the determination.
The administrative law judge’s decision is referred to the Secretary of Labor for a final order. The Secretary may affirm or set aside the administrative law judge’s decision. Where the Secretary concludes that a violation has occurred, the final order may instruct the employer to take affirmative action to abate the violation and provide for appropriate relief, which may include restoration of back pay, employment status, and benefits.
The Secretary may also order the employer to provide compensatory damages to the employee. If dissatisfied with the Secretary’s decision, the employer may appeal in federal court. Final determinations on violations are enforceable through the courts. The employee is entitled to similar appeal rights under the Acts.
Relation to state laws. The whistleblower programs do not preempt existing state statutes and common law claims. All provisions contained in the programs are in addition to protection provided by state laws.