In all workplaces, workers have rights related to safety and health.
Workers that report safety and health concerns, at any time, are protected from retaliation. Retaliation against workers for reporting safety and health concerns may violate both the Occupational Safety and Health Act ("OSHA") and the National Labor Relations Act ("NLRB"). OSHA and the NLRB can pursue whistleblower enforcement action if it is determined that unlawful retaliation occurred.
Workers also have a right to refuse to perform dangerous work under certain circumstances under the OSHA and to protest and strike about unsafe working conditions under certain circumstances under the NLRA. It is unlawful to retaliate against workers for exercising these protected rights.
Work rules, policies, or practices should not interfere with workers’ ability to report safety and health concerns or engage in other protected activity under the OSHA and NLRA. For example, if reporting an incident or concern could jeopardize the award of incentive-based prizes, rewards, or bonuses, or if reporting an incident could result in an adverse action based on productivity, such interference could violate both OSHA and the NRLA.
If you are represented by a union, you should consider the collective bargaining process and structures set up through that process to address health and safety.
In workplaces without unions, employers can still have robust employee participation in health and safety programs, if that participation does not cross the line into unlawful domination or interference under the National Labor Relations Act.
Find information on how to report safety and health violations of the Occupational Safety and Health Act on OSHA’s File a Complaint webpage. Workers also have rights related to safety and health (osha.gov/workers and worker.gov/safety-rights).
OSHA enforces more than 20 other whistleblower laws that prohibit retaliation for reporting violations. Workers can exercise their rights to file a Whistleblower complaint within 30 days if they believe they have been retaliated against in any way.
Learn how to report violations of the National Labor Relations Act to the NLRB by filing an unfair labor practice charge and information on how to file a charge.