Whistleblower & Anti-Retaliation Protection
Section 11(c) of the OSH Act makes it illegal for an employer to retaliate against you for raising safety concerns, reporting an injury, or using any of your OSHA rights.
- Construction
- General Industry
Protected activities include
- Complaining to your employer, union or OSHA about safety or health
- Reporting a work-related injury or illness
- Asking for safety equipment or for access to injury records
- Taking part in an OSHA inspection or talking with an inspector
- Refusing dangerous work under the conditions described in Your Rights as a Worker
Retaliation can look like
- Firing or laying off
- Demotion, reduced hours or pay, or denied overtime or promotion
- Reassignment to worse jobs or shifts
- Threats, intimidation or blacklisting
- Reporting you to immigration authorities because of your complaint
- Discipline for reporting an injury
How to file a retaliation complaint
Deadline: For most OSHA safety and health retaliation complaints, you must file within 30 days of the retaliation. Don’t wait. Some other federal laws OSHA enforces have longer deadlines, and state plans may differ.
- Online at osha.gov/whistleblower
- By phone: 1-800-321-OSHA (6742)
- In person, by mail or fax to an OSHA area office
There is no special form, and you can file in any language.
Tip: Keep copies of texts, emails, schedules, write-ups and pay stubs. Write down dates and names while they are fresh.
Standards & references
- Whistleblowers.gov
- 29 CFR 1977: Section 11(c) regulations
- 29 CFR 1904.35: Injury reporting procedures and anti-retaliation
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