The federal Occupational Health and Safety Administration does a lot more than investigate and respond to workplace safety issues. It also operates a Whistleblower Protection Program to administer special anti-retaliation provisions for various types of claims, many of which the general public does not know much about.

This blog is Part 1 of 2 to talk about these whistleblower protections, of which there are currently 25. Part 1 will focus on protections that have deadlines shorter than 180 days—as short as 30 days! If you want to read more, a summary chart of these whistleblower protections is available on OSHA’s website. However, for advice tailored to you and your situation, you should contact an employment lawyer.

Each section below groups these whistleblower protections by time to file: 30 days, 60 days, and 90 days. I also list who the protections cover and what type of retaliation they protect you from.

Here are definitions that generally apply to all of the laws I discuss below:

• Protected activity: actions you can take that are protected by the specific law, like making a complaint related to the subject of the law, usually to your employer or a government agency.
• Retaliation: someone takes an adverse employment action against you (including termination, demotion, pay cuts, or reassignment) because you engaged in protected activity.

30 DAYS TO FILE

Section 11(c) of the Occupational Safety and Health Act (OSH)

• You are covered if you work in the private sector, as well as USPS or tribal commercial enterprises.
• Section 11(c) of OSH protects you from retaliation when you engage in protected activity related to workplace safety and health, including making complaints with management or government agencies like OSHA.

Clean Air Act (CAA)

• You are covered if you work for any employer, generally.
• CAA protects you from retaliation when you engage in protected activity related to air pollution, including reporting potential pollution or emissions violations.

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

• You are covered if you work for any employer, generally. In addition, you are covered if you are acting on behalf of an employee.
• CERCLA protects you from retaliation when you engage in protected activity related to environmental cleanup, including reporting accidents, spills, or violations related to clean-up of hazardous waste.

Federal Water Pollution Control Act, a.k.a. the Clean Water Act (FWPCA or CWA)

• You are covered if you work for any employer, generally, except in the federal government. In addition, you are covered if you are acting on behalf of an employee.
• FWPCA protects you from retaliation when you engage in protected activity related to water pollution.

Safe Drinking Water Act (SDWA)

• You are covered if you work for any employer, generally.
• SDWA protects you from retaliation when you engage in protected activity related to drinking water.

Solid Waste Disposal Act, a.k.a. Resource Conservation and Recovery Act (SWDA or RCRA)

• You are covered if you work for any employer, generally. In addition, you are covered if you are acting on behalf of an employee.
• SWDA protects you from retaliation when you engage in protected activity related to the treatment, storage, and disposal of solid and hazardous waste.

Toxic Substances Control Act (TSCA)

• You are covered if you work for any employer, generally, except in the federal government.
• TSCA protects you from retaliation when you engage in protected activity related to industrial chemicals.

60 DAYS TO FILE

International Safe Container Act (ISCA)

• You are covered if you work in the private sector, for individuals, or for some local governments or interstate compact agencies.
• ISCA protects you from retaliation when you engage in protected activity related to cargo container safety.

90 DAYS TO FILE

Asbestos Hazard Emergency Response Act (AHERA)

• You are covered if you work for an educational agency that supervises elementary or secondary schools, generally. In addition, you are covered if you are acting on behalf of an employee.
• AHERA protects you from retaliation when you engage in protected activity related to asbestos in elementary or secondary schools.

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)

• You are covered if you work for an air carrier, an aircraft manufacturer or designer, or one of their contractors or suppliers.
• AIR21 protects you from retaliation when you engage in protected activity related to aviation safety or FAA compliance.

Anti-Money Laundering Act (AMLA)

• You are covered if you work for an employer that is not subject to section 33 of the Federal Deposit Insurance Act, or section 213 or 214 of the Federal Credit Union Act.
• AMLA protects you from retaliation when you engage in protected activity related to the Bank Secrecy Act, criminal money laundering, and certain other financial crimes.

We can help you protect your rights as a whistleblower!

Deciding where, how, and when to take action in whistleblower retaliation issues is what employment lawyers are experts in. It is especially important to speak to an employment lawyer if you believe your employer retaliated against you for being a whistleblower because the protections are very specific and because many statutes of limitation are incredibly short—as short as 30 days!

Austin employees who believe they have suffered illegal discrimination, harassment, or retaliation at work for being a whistleblower should contact my office, Austin Employment Lawyers, P.C. The attorneys at Austin Employment Lawyers, P.C., represent employees in the Austin area and across Texas in all types of employment law claims, including retaliation, discrimination, pay disparities, harassment, and failure to provide a reasonable accommodation.

For more information or to schedule a consultation, please visit our website or call us at (512) 271-5527.