What are my rights as a
whistleblower?
If your employer retaliates against you because
you are involved in raising concerns or reporting
violations of environmental rules and regulations,
you can contact OSHA for help.
Do I have any protection if I voice
environmental concerns?
Yes, a number of laws protect workers against
retaliation for reporting violations of
environmental laws related to drinking water and
water pollution, toxic substances, solid waste
disposal, air quality and air pollution, and
hazardous waste disposal sites.
What environmental laws with
whistleblower protections does OSHA
enforce?
OSHA administers the whistleblower
provisions of the following environmental laws.
Note that complaints must be reported to OSHA
within 30 days of the alleged retaliation.
¦ Asbestos Hazard Emergency Response Act
¦ Clear Air Act
¦ Comprehensive Environmental Response,
Compensation and Liability Act
¦ Federal Water Pollution Control Act
¦ Safe Drinking Water Act
¦ Solid Waste Disposal Act
¦ Toxic Substances Control Act
Other laws exist to protect workers against
retaliation for reporting safety and health
concerns, including concerns about asbestos in
schools. Information on the whistleblower
provisions of other laws enforced by OSHA can
be obtained as described below.
What actions of retaliation do the
whistleblower provisions prohibit?
Employer retaliation against employees who
exercise their legal rights under these employee
protection statutes is prohibited. Such
discrimination may include the following actions:
¦ Blacklisting
¦ Demotion
¦ Discharge
¦ Disciplinary actions (such as assigning to
undesirable shifts, denying overtime or
promotion, disallowing benefits, or reducing
pay or hours)
¦ Failure to hire or rehire
¦ Harassment
¦ Suspension
How do I file a complaint?
If you believe your employer retaliated against
you because you exercised your legal rights as an
employee, contact your local OSHA office as
soon as possible because, as described above,
most of these laws contain very short deadlines
for filing complaints. Fax or mail your complaint
to the OSHA office listed on the OSHA website
at www.osha.gov. OSHA conducts an in-depth
interview with each complainant to determine the
need for an investigation. If evidence supports
the worker’s claim of retaliation, OSHA will ask
the employer to restore the worker’s job,
earnings, and benefits.
Do the environmental whistleblower
laws protect me if I refuse to work?
These environmental whistleblower statutes do
not expressly provide protection for an employee
who refuses to work because of an alleged safety
or health violation by an employer. The Secretary,
however, interprets these statutes to protect
refusals to work where an employee has a
reasonable belief that his or her working
conditions are unsafe or unhealthful, and he or
she does not receive an adequate explanation
from a responsible official that the conditions are
safe.
2003
How can I get more information?
To get more information on whistleblower
provisions of other laws, go to www.osha.gov,
click on W in the site index, then click on
Whistleblowers. In addition, OSHA has
various publications, standards, technical
assistance, and compliance tools to help you, and
offers extensive assistance through workplace
consultation, voluntary protection programs,
strategic partnerships, alliances, state plans,
grants, training, and education. OSHA’s Safety
and Health Program Management Guidelines
( Federal Register 54:3904-3916, January 26,
1989) detail elements critical to the development
of a successful safety and health management
system. This and other information are available
on OSHA’s website.
¦ For one free copy of OSHA publications, send
a self-addressed mailing label to OSHA
Publications Office, 200 Constitution Avenue
N.W., N-3101, Washington, DC 20210; or
send a request to our fax at (202) 693-2498,
or call us toll-free at (800) 321-OSHA.
¦ To order OSHA publications online, go to
www.osha.gov, find Newsroom in the side
bar on the right, click on Publications, and
follow the instructions for ordering.
¦ To file a complaint, report an emergency, or get
OSHA advice, assistance, or products, contact
your nearest OSHA office under the U.S.
Department of Labor listing in your phone
book, or call toll-free at (800) 321-OSHA
(6742). The teletypewriter (TTY) number is
(877) 889-5627.
¦ To file a complaint online or obtain more
information on OSHA federal and state
programs, visit OSHA’s website.
This is one in a series of informational fact sheets highlighting
OSHA programs, policies, or standards. It does not impose
any new compliance requirements. For a comprehensive list of
compliance requirements of OSHA standards or regulations,
refer to Title 29 of the Code of Federal Regulations. This information
will be made available to sensory-impaired individuals
upon request. The voice phone is (202) 693-1999. See also OSHA’s
website at www.osha.gov.
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