The Definition of OSHA Whistleblower Protection (Section 11(c))

Definition of OSHA Whistleblower Protection (Section 11(c))

Section 11(c) of the Occupational Safety and Health Act prohibits employers from retaliating against workers for exercising their safety and health rights, such as reporting an injury, raising a safety concern, filing an OSHA complaint, participating in an inspection or refusing dangerous work under certain conditions. Retaliation includes firing, demotion, reduced hours, denial of benefits, intimidation, reassignment and other adverse actions. Workers who believe they have been retaliated against can file a complaint with OSHA.

Key Facts About Section 11(c)

• A Section 11(c) complaint must generally be filed with OSHA within 30 days of the retaliation.
• OSHA's recordkeeping rule (1904.35) also prohibits retaliation for reporting work-related injuries or illnesses.
• OSHA enforces whistleblower provisions of more than 20 federal laws, covering areas such as trucking, airlines, nuclear power and consumer products.
• Remedies can include reinstatement, back pay and other relief.

Example of Section 11(c) Protection

A forklift operator reports a missing seat belt to OSHA after her supervisor ignores it, and the next week she is moved to the night shift with fewer hours. She files a Section 11(c) complaint, and OSHA investigates whether the schedule change was retaliation for her report.

How Employers Can Prevent Retaliation

1. Adopt a written anti-retaliation policy and train supervisors on it.
2. Make it easy to report hazards, near misses and injuries, including anonymously.
3. Review incentive and drug-testing policies so they don't discourage reporting.
4. Investigate retaliation concerns promptly and independently.

Related Terms

• Occupational Safety and Health Act (OSH Act)
• Stop Work Authority
• Just Culture
• Near Miss

Frequently Asked Questions: Section 11(c)

How long do workers have to file a retaliation complaint?

For Section 11(c), generally 30 days from the retaliatory action. Other whistleblower laws OSHA enforces have different deadlines.

Can workers refuse unsafe work?

Workers may refuse work only in limited circumstances, such as when they believe in good faith that there is an imminent danger of death or serious injury, there is no time to get OSHA to inspect, and the employer won't correct the hazard.

Can safety incentive programs count as retaliation?

Programs that penalize workers or teams for reporting injuries can discourage reporting and may violate OSHA's anti-retaliation rules. Programs that reward reporting hazards or near misses are generally encouraged.