A whistleblower is someone who reports workplace conditions that they believe to be unsafe or illegal. As a whistleblower, a worker has the right to be protected from workplace retaliation by their employer for reporting injuries, safety concerns, or other protected activities. An employer can’t retaliate against a whistleblower for reporting injuries, safety concerns, or other protected activities. Retaliation, or “adverse action,” can include, but is not limited to, firing, preventing someone from getting another job, or denying benefits to or making threats against a worker.
A worker should not be discriminated against by their employer for exercising their rights, including their right to:
file a complaint with the Occupational Safety and Health Administration (OSHA).
seek access to employee exposure and injury records maintained by your employer.
report a work-related injury.
request an inspection from OSHA, and speak to the inspector.
raise a safety or health complaint with the employer.
Worker
You have the right to be protected from retaliation.
If you have been retaliated or discriminated against for exercising your rights, you must file a complaint with OSHA within 30 days of the alleged adverse action.
You also have a right to be protected from retaliation regardless of your immigration status. This includes retaliation based on your immigration status, such as threats to call immigration authorities. In some cases, immigration status may limit the remedies that you’ll be able to obtain if your employer unlawfully retaliated against you. DOL staff and investigators can provide you with more information about your rights in such cases.
The National Labor Relations Act also protects your right to engage in “concerted activity” – which involves employees coming together to improve their workplace, including safety and health on the job. An example may involve two or more employees discussing work-related issues in addition to pay, such as safety concerns, with each other, or an employee speaking to an employer on behalf of one or more co-workers about workplace safety.
Worker resources
Learn about filing a complaint with the Occupational Safety and Health Administration (OSHA)
Employer
You have the responsibility to provide a safe and healthy workplace.
OSHA has issued Recommended Practices for Anti-Retaliation Programs to help you create a workplace in which employees feel comfortable voicing their concerns without fear of retaliation. The recommendations are adaptable to most workplaces, and the concepts can be used to create a new program or enhance an existing one.
Employer resources
Questions? We’re here to help.
You may wish to visit OSHA’s Employers Website and OSHA’s Whistleblower Protection Program Website to learn more:
For additional assistance, please contact:
OSHA at 1-800-321-6742
OSHA’s area offices provide advice, education, and assistance to businesses and organizations who request help with occupational safety and health issues. In addition, OSHA’s On-Site Consultation Program offers no-cost and confidential safety and occupational health advice. No citations or penalties are issued; the employer’s only obligation is to correct identified hazards.
Please note that the mining industry has its own set of safety and health standards, rules, and regulations, which are overseen by the Mine Safety and Health Administration (MSHA). Mining industry employers should contact MSHA at 202-693-9400 or AskMSHA@dol.gov.
All discussions between OSHA and employees or their representatives are free and confidential. Safety and health complaints from employees or their representatives are taken seriously by OSHA, and OSHA will keep their information confidential.
Additional Resources
Need more information?
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.