Regulations Containing Procedures for Handling of Retaliation Complaints

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation

Section 11(c) of the Occupational Safety
& Health Act (OSHA) (1970) [29 U.S.C. §
660(c)]. Protects employees from
retaliation for exercising a variety of rights
guaranteed under the Act, such as filing a
S&H complaint with OSHA or their
employers, participating in an inspection,
etc. 29 CFR 1977
Asbestos Hazard Emergency Response
Act (AHERA) (1986) [15 U.S.C. § 2651].
Protects employees from retaliation for
reporting violations of the law relating to
asbestos in public or private non-profit
elementary and secondary school systems.
29 CFR 1977
International Safe Container Act (ISCA)
(1977) [46 U.S.C. § 80507]. Protects
employees from retaliation for reporting to
the Coast Guard the existence of an
unsafe intermodal cargo container or
another violation of the Act. 29 CFR 1977
Surface Transportation Assistance Act
(STAA) (1982), as amended by the 9/11
Commission Act of 2007 (Public Law
No. 110-053) [49 U.S.C. § 31105]. Protects
truck drivers and other covered employees
from retaliation for refusing to violate
regulations related to the safety or security
of commercial motor vehicles or for
reporting violations of those regulations,
etc. 29 CFR 1978

Days
to file

Respondents
covered

30

Private sector
U.S. Postal Service
Certain tribal
employers

90

60

180

Days to
complete

Allowable Remedies

Kick-Out
Provision

Appeal

Backpay

Preliminary
Reinstatement

Compensatory

Punitive

Days

Venue

Burden of
Proof

90

No

Yes

No

Yes

Yes

15

OSHA

Motivating

Private sector
State and local
government
Certain DoD
schools
Certain tribal
schools

90

No

Yes

No

Yes

Yes

15

OSHA

Motivating

Private sector
Local government
Certain state
government and
interstate compact
agencies

30

No

Yes

No

Yes

Yes

15

OSHA

Motivating

60

210

Yes

Yes

Yes

Yes
250K
cap

30

ALJ

Private sector

Contributing

1
Revised: 04/04/2013

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation

Safe Drinking Water Act (SDWA) (1974)
[42 U.S.C. § 300j-9(i)]. Protects employees
from retaliation for, among other things,
reporting violations of the Act, which
requires that all drinking water systems
assure that their water is potable as
determined by the Environmental
Protection Agency. 29 CFR 24

Days
to file

30

Respondents
covered

Private sector
Federal, state and
municipal
Indian tribes

Private sector
State and municipal
Indian tribes
Federal sovereign
immunity bars
investigation of
FWPCA complaints
filed by federal
employees

Federal Water Pollution Control Act
(FWPCA) (1972) [33 U.S.C. § 1367].
Protects employees from retaliation for
reporting violations of the law related to
water pollution. This statute is also known
as the Clean Water Act. 29 CFR 24

30

Toxic Substances Control Act (TSCA)
(1976) [15 U.S.C. § 2622]. Protects
employees from retaliation for reporting
alleged violations relating to industrial
chemicals currently produced or imported
into the United States and supplements the
Clean Air Act (CAA) and the Toxic Release
Inventory under Emergency Planning &
Community Right to Know Act (EPCRA).
29 CFR 24

30

Private sector

30

Private sector
Federal, state and
municipal
Indian tribes

Solid Waste Disposal Act (SWDA) (1976)
[42 U.S.C. § 6971]. Protects employees
from retaliation for reporting violations of
the law that regulates the disposal of solid
waste. This statute is also known as the
Resource Conservation and Recovery Act.
29 CFR 24

Days to
complete

Allowable Remedies

Kick-Out
Provision

Appeal

Backpay

Preliminary
Reinstatement

Compensatory

Punitive

Days

Venue

Burden of
Proof

30

No

Yes

No

Yes

Yes

30

ALJ

Motivating

30

No

Yes

No

Yes

No

30

ALJ

Motivating

30

No

Yes

No

Yes

Yes

30

ALJ

Motivating

30

No

Yes

No

Yes

No

30

ALJ

Motivating

2
Revised: 04/04/2013

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation

Days
to file

Respondents
covered

Clean Air Act (CAA) (1977) [42 U.S.C. §
7622]. Protects employees from retaliation
for reporting violations of the Act, which
provides for the development and
enforcement of standards regarding air
quality and air pollution. 29 CFR 24

30

Private sector
Federal, state and
municipal

Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) (1980) [42 U.S.C. § 9610]
A.k.a. “Superfund,” this statute protects
employees from retaliation for reporting
violations of regulations involving
accidents, spills, and other emergency
releases of pollutants into the environment.
The Act also protects employees who
report violations related to the clean up of
uncontrolled or abandoned hazardous
waste sites. 29 CFR 24

30

Private sector
Federal, state and
municipal

Days to
complete

Allowable Remedies

Kick-Out
Provision

Appeal

Backpay

Preliminary
Reinstatement

Compensatory

Punitive

Days

Venue

Burden of
Proof

30

No

Yes

No

Yes

No

30

ALJ

Motivating

30

No

Yes

No

Yes

No

30

ALJ

Motivating

3
Revised: 04/04/2013

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation

Days
to file

Respondents
covered

Energy Reorganization Act of 1974, as
amended by the Energy Policy Act of
2005 (Public Law No. 109-58) (ERA) [42
U.S.C. § 5851]. Protects certain employees
in the nuclear industry from retaliation for
reporting violations of the Atomic Energy
Act. Protected employees include
employees of operators, contractors and
subcontractors of nuclear power plants
licensed by the Nuclear Regulatory
Commission, and employees of contractors
working with the Department of Energy
under a contract pursuant to the Atomic
Energy Act. 29 CFR 24

180

Statute provides
coverage of NRC
and its contractors
and subcontractors,
NRC licensees and
applicants for
licenses, including
contractors and
subcontractors
Agreement state
licensees
Applicants for
licenses from
agreement states,
including their
contractors and
subcontractors
DOE and its
contractors and
subcontractors.
However, ARB case
law indicates federal
sovereign immunity
will bar investigation
of ERA complaints
filed against many
but not all federal
agencies.

Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century
(AIR21) (2000) [49 U.S.C. § 42121].
Protects employees of air carriers and
contractors and subcontractors of air
carriers from retaliation for, among other
things, reporting violations of laws related
to aviation safety. 29 CFR 1979

90

Air carriers and their
contractors and
subcontractors

Days to
complete

Allowable Remedies

Kick-Out
Provision

Appeal

Backpay

Preliminary
Reinstatement

Compensatory

Punitive

Days

Venue

Burden of
Proof

30

365

Yes

No

Yes

No

30

ALJ

Contributing

60

No

Yes

Yes

Yes

No

30

ALJ

Contributing

4
Revised: 04/04/2013

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation
Sarbanes-Oxley Act (SOX) (2002), as
amended by the Dodd-Frank Wall Street
Reform and Consumer Protection Act of
2010 (Public Law No. 111-203) [18 U.S.C.
§ 1514A]. Protects employees of certain
companies from retaliation for reporting
alleged mail, wire, bank or securities fraud;
violations of the SEC rules and regulations;
or violations of federal laws related to fraud
against shareholders. The Act covers
employees of publically traded companies,
including those companies’ subsidiaries,
and employees of nationally recognized
statistical rating organizations, as well as
contractors, subcontractors, and agents of
these employers. 29 CFR 1980

Pipeline Safety Improvement Act (PSIA)
(2002) [49 U.S.C. § 60129]. Protects
employees from retaliation for reporting
violations of federal laws related to pipeline
safety and security or for refusing to violate
such laws. 29 CFR 1981

Days
to file

180

180

Respondents
covered
Companies
registered under
§12 or required to
report under §15(d)
of the SEA and their
consolidated
subsidiaries or
affiliates,
contractors,
subcontractors,
officers, and agents,
and nationally
recognized
statistical rating
organizations
Private sector
employers, states,
municipalities, and
individuals owning
or operating pipeline
facilities, and their
contractors and
subcontractors

Days to
complete

Allowable Remedies

Kick-Out
Provision

Appeal

Backpay

Preliminary
Reinstatement

Compensatory

Punitive

Days

Venue

Burden of
Proof

60

180

Yes

Yes

Yes

No

30

ALJ

Contributing

60

No

Yes

Yes

Yes

No

60

ALJ

Contributing

5
Revised: 04/04/2013

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation

Federal Railroad Safety Act (FRSA), as
amended by Section 1521 of the 9/11
Commission Act of 2007 (Public Law
No. 110-053), and Section 419 of the Rail
Safety Improvement Act of 2008 (Public
Law No. 110-432) [49 U.S.C. § 20109].
Protects employees of railroad carriers and
their contractors and subcontractors from
retaliation for reporting a work-place injury
or illness, a hazardous safety or security
condition, a violation of any federal law or
regulation relating to railroad safety or
security, or the abuse of public funds
appropriated for railroad safety. In addition,
the statute protects employees from
retaliation for refusing to work when
confronted by a hazardous safety or
security condition. 29 CFR 1982
National Transit Systems Security Act
(NTSSA), enacted as Section 1413 of the
9/11 Commission Act of 2007 (Public
Law No. 110-053) [6 U.S.C. §1142].
Protects transit employees from retaliation
for reporting a hazardous safety or security
condition, a violation of any federal law
relating to public transportation agency
safety, or the abuse of federal grants or
other public funds appropriated for public
transportation. The Act also protects public
transit employees from retaliation for
refusing to work when confronted by a
hazardous safety or security condition, or
refusing to violate a federal law related to
public transportation safety. 29 CFR 1982

Days
to file

180

180

Respondents
covered

Railroad carriers
and their
contractors,
subcontractors, and
officers

Public transportation
agencies and their
contractors and
subcontractors, and
officers

Days to
complete

Allowable Remedies

Kick-Out
Provision

Appeal

Burden of
Proof

Backpay

Preliminary
Reinstatement

Compensatory

Punitive

Days

Venue

30

ALJ

Contributing

ALJ

Contributing

60

210

Yes

Yes

Yes

Yes
250K
Cap

60

210

Yes

Yes

Yes

Yes
250K
Cap

30

6
Revised: 04/04/2013

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation
Consumer Product Safety Improvement
Act (CPSIA) (2008) [15 U.S.C. § 2087].
Protects employees from retaliation for
reporting to their employer, the federal
government, or a state attorney general
reasonably perceived violations of any
statute or regulation within the jurisdiction
of the Consumer Product Safety
Commission (CPSC). CPSIA covers
employees of consumer product
manufacturers, importers, distributors,
retailers, and private labelers.
29 CFR 1983
Affordable Care Act (ACA) (2010) [29
U.S.C. § 218c]. Protects employees from
retaliation for reporting violations of any
provision of title I of the ACA, including but
not limited to discrimination based on an
individual’s receipt of health insurance
subsidies, the denial of coverage based on
a preexisting condition, or an insurer’s
failure to rebate a portion of an excess
premium. 29 CFR 1984
Seaman’s Protection Act, as amended
by § 611 of the Coast Guard
Authorization Act of 2010 (Public Law
No. 111-281) (SPA) [46 U.S.C. § 2114].
Protects seamen from retaliation for
reporting to the Coast Guard or another
federal agency a violation of a maritime
safety law or regulation. Among other
things, the Act also protects seamen from
retaliation for refusing to work when they
reasonably believe an assigned task would
result in serious injury or impairment of
health to themselves, other seamen, or the
public. 29 CFR 1986

Days
to file

Respondents
covered

180

Manufacturing,
private labeling,
distribution, and
retail employers in
the United States

180

Private and public
sector employers

180

Private-sector
employers—vessel
on which seaman
was employed
must be Americanowned, as defined;
world-wide
coverage

Days to
complete

Allowable Remedies

Kick-Out
Provision
Backpay

Preliminary
Reinstatement

Compensatory

Appeal
Punitive

Days

Venue

Burden of
Proof

60

210 or
within
90
days
of
OSHA
finding

Yes

Yes

Yes

No

30

ALJ

Contributing

60

210 or
within
90
days
of
OSHA
finding

Yes

Yes

Yes

No

30

ALJ

Contributing

Yes

Yes
250
K
Cap

30

ALJ

Contributing

60

210

Yes

Yes

7
Revised: 04/04/2013

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation
Consumer Financial Protection Act
(CFPA) (Section 1057 of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act, Public Law No. 111-203)
(2010) [12 U.S.C. § 5567]. Protects
employees performing tasks related to
consumer financial products or services
from retaliation for reporting reasonably
perceived violations of any provision of title
X of the Dodd-Frank Act or any other
provision of law that is subject to the
jurisdiction of the Bureau of Consumer
Financial Protection, or any rule, order,
standard, or prohibition prescribed by the
Bureau.
FDA Food Safety Modernization Act
(FSMA) (2011) [21 U.S.C. § 1012].
Protects employees of food manufacturers,
distributors, packers, and transporters from
retaliation for reporting a violation of the
Food, Drug, and Cosmetic Act, or a
regulation promulgated under the Act.
Employees are also protected from
retaliation for refusing to participate in a
practice that violates the Act.

Days
to file

Respondents
covered

180

Any person
engaged in offering
or providing a
consumer financial
product or service,
a service provider
to such person, or
such person’s
affiliate acting as a
service provider to
it

180

Any entity engaged
in the manufacture,
processing,
packing,
transporting,
distribution,
reception, holding,
or importation of
food

Days to
complete

Allowable Remedies

Kick-Out
Provision
Backpay

Preliminary
Reinstatement

Compensatory

Appeal
Punitive

Days

Venue

Burden of
Proof

60

210 or
within
90
days
of
OSHA
finding

Yes

Yes

Yes

No

30

ALJ

Contributing

60

210 or
within
90
days
of
OSHA
finding

Yes

Yes

Yes

No

30

ALJ

Contributing

8
Revised: 04/04/2013

Occupational Safety and Health Administration
Directorate of Whistleblower Protection Programs (DWPP)
Whistleblower Statutes Desk Aid

Act/OSHA Regulation
Section 31307 of the Moving Ahead for
Progress in the 21st Century Act (MAP21) (a provision of Division C’s Title I, the
Motor Vehicle and Highway Safety
Improvement Act of 2012) (2012). Protects
employees from retaliation by motor vehicle
manufacturers, part suppliers, and
dealerships for providing information to the
employer or the U.S. Department of
Transportation about motor vehicle defects,
noncompliance, or violations of the
notification or reporting requirements
enforced by the National Highway Traffic
Safety Administration (NHTSA), or for
engaging in related protected activities as
set forth in the provision.

Days
to file

Respondents
covered

180

Motor vehicle
manufacturer, part
supplier, or
dealership

Days to
complete

Allowable Remedies

Kick-Out
Provision
Backpay

60

210

Yes

Preliminary
Reinstatement

Yes

Compensatory

Yes

Appeal
Punitive

No

Days

Venue

30

ALJ

Burden of
Proof

Contributing

9
Revised: 04/04/2013