State Whistleblower Laws
Federal law gives you only 30 days to file a safety retaliation complaint with OSHA. Many states add their own protections, some with longer deadlines or broader coverage. Knowing your state’s rules can save a case, but the safest move is always to file fast.
- All workers
- California
- Kentucky
- Maryland
- Michigan
- Minnesota
- New Jersey
- New York
- Oregon
- Washington
What counts as retaliation
Firing, demotion, cutting hours or pay, worse assignments, threats, harassment, blacklisting, or reporting you to immigration because you:
- Reported a hazard, injury or illness
- Filed a safety complaint or talked to an inspector
- Asked for safety equipment or training
- Refused work that put you in imminent danger
Safety retaliation deadlines in some state plan states
| State | Where to file | Deadline |
|---|---|---|
| Kentucky | Kentucky OSH Program | 120 days |
| Washington | Department of Labor & Industries | 90 days |
| Oregon | Bureau of Labor and Industries (BOLI) | 90 days |
| California | Labor Commissioner (Labor Code §§6310–6311, 98.7) | Generally 1 year |
| Michigan | MIOSHA | 30 days |
| Minnesota | MNOSHA | 30 days |
| Maryland | MOSH | 30 days |
| Other state plan states | The state plan agency | Often 30 days; check the state page |
| Everywhere | Federal OSHA (Section 11(c)) | 30 days |
Deadlines usually run from the day you learned of the retaliation, like the day you were fired. Laws change; confirm with the agency.
Broader state whistleblower laws
Many states have general whistleblower laws that protect reporting illegal activity, not just safety hazards. These are often enforced through a lawsuit in state court, with longer deadlines. Examples:
- New Jersey: the Conscientious Employee Protection Act (CEPA), one of the strongest in the country. Lawsuits generally within 1 year. See New Jersey.
- New York: Labor Law §740, expanded in 2022 to cover reports of practices that endanger public health or safety or that the worker reasonably believes break the law. Lawsuits generally within 2 years. See New York.
- California: Labor Code §1102.5 protects workers who report suspected violations of law to a government agency or a supervisor.
- Many other states protect public employees, or workers who report specific problems like wage violations or patient safety.
Other federal laws for certain jobs
Some workers are also covered by federal whistleblower laws with longer deadlines, such as truck drivers under the Surface Transportation Assistance Act (180 days) and railroad workers under the Federal Railroad Safety Act (180 days). See Whistleblower Protection.
Don’t count on the longest deadline. File with federal OSHA and your state agency within 30 days whenever you can. Filing in one place doesn’t always protect your rights in the other.
Build your record
- Write down the date you raised the concern, how and to whom
- Keep copies of complaints, texts, emails and photos
- Note the date and details of each bad action that followed
- Get names of coworkers who saw or heard what happened
- Keep pay stubs and schedules from before and after
Standards & references
- OSHA: Whistleblower protection program
- 29 CFR 1977: Section 11(c) of the OSH Act
- See also: Filing a Complaint with a State Plan · At-Will Employment & Wrongful Termination
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