Whistleblower complaints are investigated by Federal OSHA whistleblower investigators. Most cases are investigated in the region in which the protected activity allegedly occurred.
In cases that are filed with an OSHA-approved State Plan agency, the State Plan agency will conduct the investigation. In cases where the complainant timely files with both Federal OSHA and a State Plan agency or timely files with Federal OSHA in a State Plan State, Federal OSHA refers the case to the State Plan agency. In these cases, if the employee objects to the State Plan’s determination, he or she may seek review of the case by Federal OSHA.