Our Blog

Ogborn Mihm, LLP

To protect public health and safety, access to our physical office is restricted and we are working remotely to serve our clients. Our attorneys are available to schedule convenient, remote meetings either by phone or video conference.
Please call (303) 592-5900 or This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

2 minutes reading time (427 words)

Whistleblower Statutes Administered by OSHA

The Occupational Safety and Health Administration (OSHA) is responsible for investigating and making at least preliminary decisions on a number of whistleblower claims. Many whistleblower statutes have an administrative exhaustion requirement that forces whistleblowers to first file a complaint with OSHA, as a prerequisite to ever filing a lawsuit in federal court. Some whistleblower statutes also only permit a whistleblower to litigate his or her claims through the administrative process, without ever being able to bring a lawsuit in federal court. Consequently, it is imperative that whistleblowers who have suffered retaliation timely file their complaint with OSHA, since failure to file a complaint within the prescribed timelines will forfeit even a meritorious claim.

The following are the statutes covered by OSHA and their associated deadlines for filing a complaint:
• OSHA (generally) - 30 days
• Clean Air Act (CAA) – 30 days
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) - 30 days
• Federal Water Pollution Control Act (FWPCA)-30 days
• Safe Drinking Water Act (SDWA) – 30 days
• Solid Waste Disposal Act (SWDA) – 30 days
• Toxic Substances Act (TSCA) – 30 days
• International Safe Container Act (ISCA) – 60 days
• Asbestos Hazard Emergency Response Act (AHERA) – 90 days
• Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) – 90 days
• Surface Transportation Assistance Act (STAA) – 180 days
• Energy Reorganization Act (ERA) – 180 days
• Sarbanes-Oxley Act (SOX) – 180 days
• Pipeline Safety Improvement Act (PSIA) – 180 days
• Federal Railroad Safety Act (FRSA) – 180 days
• National Transit Systems Security Act (NTSSA) – 180 days
• Consumer Product Safety Improvement Act (CPSIA) – 180 days
• Affordable Care Act (ACA) – 180 days
• Consumer Financial Protection Act of 2010 (CFPA) – 180 days
• Seaman’s Protection Act (SPA) – 180 days
• FDA Food Safety Modernization Act (FSMA) – 180 days

These deadlines are usually measured from the date that the whistleblower first suffers a retaliatory action in response to protected activity. While these deadlines may in some cases be extended in extraordinary circumstances, it is imperative that whistleblowers who have suffered retaliation file a complaint with OSHA as soon as possible.
Some examples of whistleblower retaliation are Discharge, Demotion, Reprimand, Harassment, Hostile Work Environment, Lay-off, Failure to Hire, Failure to Promote, Blacklisting, Failure to Recall, Transfer to Different Job, Change in Duties or Responsibilities, Denial of Overtime, Reduction in Pay, Denial of Benefits, Making a Threat, Intimidation, and Constructive Discharge (deliberately creating an environment so unpleasant that a reasonable person would feel compelled to resign).

KEYWORDS: OSHA; DOL; whistleblower; SOX; FRSA; STAA; AIR21; AIR-21; retaliation

Former Wells Fargo Employee Awarded $5.4 million i...
Dodd-Frank Act Whistleblower Bounty and Retaliatio...

Related Posts

Contact Us