OSHA Whistleblower Protection: Reporting Safety Violations Without Fear of Retaliation

When you see safety issues on a work site, you should report these dangers to your employer. You shouldn’t have to have a fear of retaliation for trying to make your job safer. Unfortunately, some employers punish workers for reporting dangerous working conditions.

The Occupational Safety and Health Administration whistleblower protection program protects workers who report unsafe conditions in the workplace. Your employer cannot take adverse action against you for reporting OSHA violations. If you are retaliated against for making OSHA complaints, talk to an experienced employment lawyer for legal advice.

What Are OSHA Protections?

The Occupational Safety and Health Administration (OSHA) is the federal agency that regulates workplace health and safety. OSHA covers most private sector workers and protects them against unsafe working conditions. OSHA standards require employers to provide a safe and healthy working environment. Under OSHA, employers must:

• Protect employees and provide a safe workplace
• Make sure work conditions comply with OSHA standards
• Provide workers with the proper training and personal protective equipment (PPE)
• Post information about employee rights and responsibilities

What Is the OSHA Whistleblower Protection Program?

The OSHA Whistleblower Protection Program protects workers from retaliation by employers for protecting worker safety. Whistleblower laws protect employees who suffer retaliation for participating in protected activities. An employer cannot punish you for reporting OSHA compliance violations or participating in an OSHA investigation. If your employer does take adverse action, you have legal rights to recover financial compensation.

How Do You Report Safety Complaints to OSHA?

When you see a safety hazard, you should report it to your employer immediately. Employers have to take action to correct serious hazards. However, they may need notice of the dangers before they can try to correct them.

If your employer doesn’t fix the problem, you can file a complaint. If your employer puts you at risk of serious injury or death, you can request an OSHA inspection. You can also talk to an attorney with experience in employment law to find out about your legal options to protect your health and well-being.

You can file a whistleblower complaint online, by email or mail, by telephone, or in person by visiting your local OSHA office.

A successful investigation can lead to compensation. Depending on the case, you can recover compensation for:

• Back pay and lost benefits
• Emotional distress
• Punitive damages
• Attorneys’ fees

If you were fired, you also could be reinstated to your job.

What Is a Protected Activity for a Whistleblower?

Federal whistleblower laws protect workers from retaliation if they report illegal activity. However, this only applies to protected activities. You aren’t protected if you complain about your employer just because you don’t like them or you don’t think it’s a good job. Whistleblower protections generally apply to reporting illegal activity. Protected activities may include:

• Reporting safety violations to a government agency
• Refusing to do work that is against the law
• Reporting tax fraud by your employer
• Helping with a government investigation into employment discrimination

What Are Adverse Employment Actions?

Adverse employment actions are acts of retaliation by your employer for reporting safety violations. This can include firing you or making your work environment more difficult. Types of retaliation can include:

• Firing you
• Denying you a raise
• Job transferring you
• Making a sudden change in your evaluation
• Reducing your hours or shifts
• Slashing your benefits
• Subjecting you to a hostile workplace

Employers may try to use an excuse for disciplining you. However, the real reason is that you reported a violation of the law. You can gather evidence to show a link between your protected activity and the employer retaliation.

How Can an Attorney Help in an OSHA Whistleblower Case?

Federal law protects whistleblowers who are retaliated against for participating in protected activities. This includes reporting employment discrimination, labor law violations, or workplace safety citations. If your employer demoted or fired you for reporting safety violations, you may have a whistleblower anti-retaliation claim.

An employment lawyer can review your case and give you legal advice. If your employer is putting worker safety at risk, talk to an employment lawyer about your rights.