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Whistleblower Laws

Understanding Laws that Provide Whistleblower Protections

Whistleblower Protection Overview

The Occupational Safety and Health Act (OSH Act) and a number of other laws protect workers against retaliation for complaining to their employers, unions, the Occupational Safety and Health Administration (OSHA), or other government agencies about unsafe or unhealthful conditions in the workplace, environmental problems, certain public safety hazards, and certain violations of federal provisions concerning securities fraud, as well as for engaging in other related protected activities. Whistleblowers may not be transferred, denied a raise, have their hours reduced, or be fired or punished in any other way because they have exercised any right afforded to them under one of the laws that protect whistleblowers.

Pursuant to most of these laws, discrimination complaints must be filed as soon as possible - within 30 days of the alleged reprisal. OSHA Area Office staff can explain the protections under the whistleblower laws and deadlines for filing complaints.

Workers who believe that they have been subject to retaliation for engaging in health and safety actions that are protected under the OSH Act may file complaints with a federal OSHA Area Office representative. In those states operating OSHA-approved State Plan (except those plans covering only public sector employees), private sector employees may file complaints for retaliation with either a federal OSHA Area Office representative or with a State Plan representative. States with OSHA-approved State Plans also protect state and local government employees against retaliation, but in those states, public sector workers can file complaints for retaliation only with State Plan representatives.

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