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 [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

Updated 2/27/2017

Days
to file

30

90

60

180

Respondents
covered

Private sector
U.S. Postal Service
Certain tribal
employers

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

But for

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

90

No

Yes

No

Yes

Yes

15

OSHA

But for

Private sector
Local government
Certain state
government and
interstate compact
agencies

30

No

Yes

No

Yes

Yes

15

OSHA

But for

60

210

Yes

Yes

Yes

Yes
250K
cap

30

ALJ

Contributing

Private sector

Page 1 of 8

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

Updated 2/27/2017

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

Page 2 of 8

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

Updated 2/27/2017

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

Page 3 of 8

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

Act/OSHA Regulation

Energy Reorganization Act of 1974)
(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

Updated 2/27/2017

Days
to file

Respondents
covered

180

The statute provides
coverage of NRC
contractors and
subcontractors; NRC
licensees and applicants
for licenses, including
contractors and
subcontractors;
agreement state
licensees and applicants
for licenses from
agreement states,
including their contractors
and subcontractors; and
DOE contractors and
subcontractors. The
ARB has held that the
statute covers the
Tennessee Valley
Authority (TVA), a
licensee of the NRC,
since Congress included
a broad “sue or be sued”
clause in the Act that
created the TVA.
However, ARB case law
indicates federal
sovereign immunity likely
bars investigation of ERA
complaints filed against
the NRC and DOE
themselves and does bar
investigation of ERA
complaints filed against
any other federal agency
that does not have a “sue
or be sued” clause like
the TVA or other clear
waiver of sovereign
immunity.

Days to
complete

30

Allowable Remedies

Kick-Out
Provision

365

Appeal

Backpay

Preliminary
Reinstatement

Compensatory

Punitive

Days

Venue

Yes

No

Yes

No

30

ALJ

Burden of
Proof

Contributing

Page 4 of 8

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

Act/OSHA Regulation

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
Sarbanes-Oxley Act (SOX) (2002) [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

Updated 2/27/2017

Days
to file

90

180

180

Respondents
covered

Air carriers and their
contractors and
subcontractors

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

No

Yes

Yes

Yes

No

30

ALJ

Contributing

60

180

Yes

Yes

Yes

No

30

ALJ

Contributing

60

No

Yes

Yes

Yes

No

60

ALJ

Contributing

Page 5 of 8

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

Act/OSHA Regulation

Federal Railroad Safety Act (FRSA [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 [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

Updated 2/27/2017

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

Page 6 of 8

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 (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

Updated 2/27/2017

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 and
State and local
government
employers—vessel
on which seaman
was employed must
be American-owned
(including U.S.
Flagged), 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

Page 7 of 8

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

Act/OSHA Regulation
Consumer Financial Protection Act
(CFPA) (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. 29 CFR 1985
FDA Food Safety Modernization Act
(FSMA) (2011) [21 U.S.C. § 399d].
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. 29 CFR 1987
Section 31307 of the Moving Ahead for
Progress in the 21st Century Act (MAP21) (2012). [49 U.S.C. § 30171]. 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. 29 CFR 1988

Updated 2/27/2017

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

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

180

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

60

210 or
within
90
days
of
OSHA
finding

Yes

Yes

Yes

No

30

ALJ

Contributing

180

Motor vehicle
manufacturer, part
supplier, or
dealership

60

210

Yes

Yes

Yes

No

30

ALJ

Contributing

Page 8 of 8