Fired or Punished for a Safety Complaint? You Have 30 Days to File an OSHA 11(c) Complaint
Punished for a safety complaint? The clock is short
Reporting a hazard, filing an OSHA complaint or testifying about workplace safety is protected under federal law. But if you’re fired, demoted or otherwise punished for it, the federal deadline to file a retaliation complaint is just 30 days.
- Section 11(c) of the OSH Act bars discharging or discriminating against employees for safety complaints, proceedings, testimony or exercising OSH Act rights.
- You must file with the Secretary of Labor (OSHA) within 30 days of the violation.
- No particular form is required, and a representative can file for you.
- If the claim is upheld, a court can order relief including reinstatement with back pay.
What’s protected
Under 29 U.S.C. 660(c), OSH Act section 11(c), “no person shall discharge or in any manner discriminate against any employee” because the employee filed a complaint or started a proceeding under the Act, testified or is about to testify, or exercised any right under the Act on behalf of themselves or others.
The 30-day deadline
The statute says an employee who believes they were retaliated against “may, within thirty days after such violation occurs, file a complaint with the Secretary.” Under 29 CFR 1977.15, filing of complaint for discrimination, complaints filed after 30 days “will ordinarily be presumed to be untimely.” The deadline may be tolled in limited cases, such as when the employer concealed or misled the employee about the grounds for discharge. Filing a grievance or with another agency does not pause it.
How to file
- No particular form is required, and a representative can file for you (29 CFR 1977.15, filing of complaint for discrimination).
- File with the OSHA Area Director for the area where you live or worked, or start at OSHA’s Whistleblower Protection Program (whistleblowers.gov).
- Write down dates, who you complained to, and what happened afterward.
What happens next
Under 11(c), OSHA investigates. If a violation is found, the Secretary can sue in federal district court, which can order “all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay.” The Secretary must notify the complainant of the determination within 90 days of receiving the complaint.
Related: filing an unpaid wage complaint. Some states run their own safety plans with different procedures, so check yours.
General information, not legal advice. State laws vary; check your state labor department or an employment attorney for your situation.
Header image: Photo: “Construction workers not wearing fall protection equipment” by National Institute for Occupational Safety and Health (NIOSH, PUBLIC DOMAIN (cropped).