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 2 of 2 to talk about these whistleblower protections, of which there are currently 25. Part 1 focused on protections that have deadlines shorter than 180 days—as short as 30 days! Part 2 will focus on the protections with deadlines of 180 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.

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.

180 DAYS TO FILE

Affordable Care Act (ACA)

• You are covered if you work for any employer, generally.
• ACA protects you from retaliation when you engage in protected activity related to the Affordable Care Act’s heath insurance reforms (colloquially known as “Obamacare”), including reporting potential violations of market reforms. It also protects you from retaliation for receiving a tax credit or subsidy from buying health insurance through a marketplace.

Criminal Antitrust Anti-Retaliation Act (CAARA)

• You are covered if you work for any employer, generally, excluding the federal government.
• CAARA protects you from retaliation when you engage in protected activity related to criminal antitrust laws, including reporting violations of those laws or violations of other criminal laws done alongside antitrust violations.

Consumer Financial Protection Act (CFPA)

• You are covered if you work for an employer that offers or provides a consumer financial product or service, as well as certain affiliates.
• CPFA protects you from retaliation when you engage in protected activity related to consumer financial products or services, including reporting violations of the CFPA or other things governed by the Consumer Financial Protection Bureau (CFPB).

Consumer Product Safety Improvement Act (CPSIA)

• You are covered if you work for a consumer product manufacturer, importer, private labelers, distributor, or retailer.
• CPSIA protects you from retaliation when you engage in protected activity related to consumer product safety, including reporting violations of any federal consumer product safety law.

Energy Reorganization Act (ERA)

• You are covered if you work for certain employers in the nuclear industry.
• ERA protects you from retaliation when you engage in protected activity related to nuclear energy or nuclear material, including reporting violations of the ERA, the Atomic Energy Act, or related regulations.

Federal Railroad Safety Act (FRSA)

• You are covered if you work for a railroad carrier or a contractor.
• FRSA protects you from retaliation when you engage in protected activity related to railroad safety, including reporting a workplace injury or illness, a safety or security hazard, a violation of related laws, or misappropriation of public funds used for railroad safety. It also protects you from retaliation for refusing to work in the presence of a safety or security hazard.

FDA Food Safety Modernization Act (FSMA)

• You are covered if you work for an employer that manufactures, processes, packs, transports, distributes, receives, holds, or imports food.
• FSMA protects you from retaliation when you engage in protected activity related to food, drug, or cosmetic safety, including reporting violations of the Food, Drug, and Cosmetic Act.

Moving Ahead for Progress in the 21st Century Act (MAP-21)

• You are covered if you work for a motor vehicle manufacturer, part supplier, or dealership.
• MAP-21 protects you from retaliation when you engage in protected activity related to certain motor vehicle issues, including reporting defects or violations of federal laws about the manufacture or sale of motor vehicles (or equipment).

National Transit Systems Security Act (NTSSA)

• You are covered if you work for a public transportation agency or a contractor.
• NTSSA protects you from retaliation when you engage in protected activity related to public transportation safety and security, including reporting a safety or security hazard, or reporting misappropriation of public funds used for public transportation safety or security.

Pipeline Safety Improvement Act (PSIA)

• You are covered if you work for an employer that owns or operates a pipeline facility, or a contractor.
• PSIA protects you from retaliation when you engage in protected activity related to pipeline safety, including reporting violations of federal pipeline safety law.

Sarbanes-Oxley Act (SOX)

• You are covered if you work for a public company or a contractor.
• SOX protects you from retaliation when you engage in protected activity related to public company fraud, including reporting violations of federal criminal mail, wire, bank, or securities fraud; violations of SEC rules or regulations; or violations of any federal law related to shareholder fraud.

Seaman’s Protection Act (SPA)

• You are covered if you work for any employer, generally. You also must be a seaman (work on a U.S.-flag vessel or a vessel owned by a U.S. citizen, excluding members of the Armed Forces).
• SPA protects you from retaliation when you engage in protected activity related to maritime safety, including reporting violations of maritime safety laws or regulations, sexual harassment or sexual assault, or work-related injuries or illnesses. It also protects you from retaliation for accurately reporting hours of duty.

Surface Transportation Assistance Act (STAA)

• You are covered if you work for a private-sector employer that owns or leases commercial motor vehicles (CMVs), or assigns employees to operate CMVs in commerce. You also must be a driver (including independent contractors) or a worker involved in CMV safety or security.
• STAA protects you from retaliation when you engage in protected activity related to CMV safety or security, including reporting violations of CMV safety or security, refusing to operate a CMV under certain circumstances, or accurately reporting hours on duty.

Taxpayer First Act (TFA)

• You are covered if you work for any employer, generally.
• TFA protects you from retaliation when you engage in protected activity related to tax fraud, including reporting underpayment of tax or violations of internal revenue laws. It also protects you from retaliation for certain complaints regarding pay misclassification.

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.