A: Employees, including former employees and those seeking employment, who believe they have been retaliated against for engaging in occupational safety or health activities may file whistleblower complaints with both the State Plan and with federal OSHA. Individuals that file whistleblower retaliation complaints because they believe they have suffered a retaliatory action in violation of a whistleblower statute are called Complainants. 

A complainant may file a retaliation complaint directly with the State Plan. However, a complainant may also file a retaliation complaint separately with federal OSHA in order to maintain their federal rights. State Plans only refer complaints to federal OSHA if the State Plan does not cover the employment in question and federal OSHA has jurisdiction. A complainant wanting to maintain their federal rights must file their complaint with federal OSHA within 30 days of being notified of the alleged retaliatory action unless equitable tolling applies (see more about timelines for filing complaints). 

A complainant may also file a retaliation complaint directly with federal OSHA here. If a complaint filed directly with federal OSHA alleges retaliation only related to occupational safety or health and the worksite is located in a state or territory with a State Plan, federal OSHA will usually refer the complaint to the State Plan for evaluation and possible investigation. A State Plan’s dismissal of a complaint can be reviewed by federal OSHA under certain conditions, as discussed below.  

A:  There are timelines for filing retaliation complaints.  The starting date is the date on which the complainant becomes aware of the alleged retaliatory action.  As of spring 2023, the period to file with the State Plans, as established by statute or regulation, is 30 calendar days, with the following exceptions: California (1 year); Connecticut (180 days); Hawaii (60 days); Kentucky (120 days); New Jersey (180 days); North Carolina (180 days); Oregon (1 year); and Virginia (60 days).

The timeline to file a complaint with federal OSHA related to occupational safety or health is 30 calendar days.   

Whether filed with a State Plan or with federal OSHA, complaints are considered untimely if they are filed after the timeline for filing has passed.  There are limited exceptions that allow extending the deadline to file, which is called equitable tolling. 

A:  Federal OSHA does not have the authority to investigate retaliation complaints filed against state and local governments related to occupational safety or health matters.  Federal OSHA will refer these complaints to the State Plan for their evaluation and possible investigation. 

However, there are some whistleblower statutes that allow federal OSHA to investigate complaints filed against state and local governments.  More information about the laws enforced by federal OSHA can be found here.

A:  When federal OSHA refers complaints to a State Plan for evaluation and possible investigation, federal OSHA does not simultaneously investigate the complaint.  Complainants must work with the State Plan throughout the duration of their investigation.  Complainants must promptly respond to calls, emails, and mailings received from the State Plan.  Complainants who do not respond to the State Plan may have their complaint closed.  Cooperation is important throughout the duration of all complaint investigations. 

Complaints are usually dismissed, settled, or in limited circumstances, found to have merit.  Complainants who are dissatisfied with a State Plan’s final determination may request federal review. Complainants who believe the State Plan failed to follow their own policies and procedures when handling the complaint (including any investigation) may file a complaint about State Plan administration (CASPA).  More information on federal reviews and CASPAs can be found below. 

Complaints found to have merit undergo different procedures depending on the State Plan investigating.  In these cases, complainants must work with the State Plan to reach their final conclusion. 

A:  Complaints are considered dually-filed if they are about occupational safety or health only, filed against private sector businesses with worksites in states or territories operating a State Plan, AND filed with federal OSHA within 30 calendar days of the complainant being notified of the alleged retaliatory action (longer if equitable tolling applies).  A dually-filed complaint allows a complainant to seek a remedy through federal OSHA if the State Plan does not grant appropriate relief. 

Complaints filed against state and local governments and complaints filed with federal OSHA after 30 calendar days have passed following the alleged retaliatory action will NOT be considered dually-filed. 

A:  Each State Plan has a process in place to review initial decisions on whistleblower retaliation cases.  These appeal processes vary by state, but importantly, these processes have strict deadlines and procedures that complainants must follow in order to receive a final determination from the state.  A final determination may be a decision made by the investigating office after any review of an initial decision, a settlement in which the complainant did not consent, or a decision by a tribunal (a court, for example).  Complainants must receive a final determination before they can request a federal review or file a complaint about State Plan administration (CASPA) with federal OSHA. 

A:  A complainant may request a federal review of their dually-filed retaliation complaint if they have concerns about how the State Plan investigated their complaint.  A federal review may afford these complainants the opportunity for reconsideration of the State Plan’s dismissal determination and, in merit cases, to have the Secretary of Labor file a lawsuit in federal district court.  A dually-filed complaint is eligible for federal review if the following criteria are met: 

• The complaint must have been filed within the statutory timeframes, subject to any equitable tolling, for both the State Plan and federal OSHA;
• The complainant must have followed the state's entire appeals process and received a final determination;
• The complainant must request the federal review with federal OSHA in writing within 15 calendar days of receiving the state's final determination; and
• The complaint must fall under section 11(c) (i.e., relate to occupational safety or health). 

Complaints that do not meet the above criteria or were filed by employees of state and local governments will not be eligible for federal review.  Instead, these complainants may file a complaint about State Plan administration (CASPA).  More information is below.

If the complainant only files an occupational safety or health whistleblower complaint with the State Plan, only the State Plan will process the complaint.  There is no right to a federal review, However, the complainant may file a complaint about State Plan administration (CASPA).   See below.

A:  A complainant may request federal review of their dually-filed complaint in writing within 15 calendar days of receiving a final determination from the state (described above).  A complainant waives their right to federal review if they do not request federal review within 15 calendar days.  Contact information for federal OSHA will be provided to the complainant at the conclusion of the State Plan's investigation. 

A:  On receipt of a federal review request, federal OSHA will review the information available for the criteria listed above.  If all criteria are met, federal OSHA will request a copy of the State Plan's investigative file and review it to ensure that the State Plan adequately dealt with the facts of the case and followed its policies and procedures to arrive at its decision.  Federal OSHA will then defer to the State Plan's findings or open a new investigation, if warranted.  Federal OSHA will notify the complainant of its decision.  If federal OSHA defers to the State Plan's decision, the decision is final and there are no additional opportunities for review. 

A:  A CASPA is an oral or written complaint about some aspect of the policy, operation or administration of a State Plan made to federal OSHA.  The CASPA is a mechanism to raise effectiveness issues about the State Plan with federal OSHA. Importantly, it is not designed to afford individual relief to complainants.

A:  Any interested individual, representative of an individual, or group, may file a CASPA.  A CASPA may be filed by complainants who do not have a dually-filed complaint, complainants who work for state and local governments, or other individuals or groups, including employers. 

A:  Individuals can file CASPAs with the appropriate regional federal OSHA office.  Complainants will receive contact information for federal OSHA at the conclusion of the State Plan's investigation. 

A CASPA should describe the grounds for the complaint and specify how the State Plan either failed to follow its own policies and procedures, or how those policies or procedures are not at least as effective as OSHA.

A:  When a CASPA is filed, federal OSHA will review the complaint and determine if an investigation is warranted.  If the CASPA is related to a whistleblower complaint, federal OSHA will request a copy of the State Plan's investigative file, if necessary, and review it to ensure the State Plan handled the case in accordance with its anti-retaliation law and that the State Plan followed its policies and procedures.  Federal OSHA will notify the individual who filed the CASPA in writing of the outcome of the CASPA.  If federal OSHA identifies any deficiencies in the handling of the case, federal OSHA will notify the State Plan to ensure that the same problem does not recur.  A CASPA is not a way for a complainant to seek remedies such as back-pay or reinstatement.