The WPA (Whistleblower Protection Act) was codified in 1989 and amended in 2012 as the Whistleblower Protection Enhancement Act and 2017 as the Whistleblower Protection Act of 2017. This act states that an employer cannot retaliate against a worker for exercising their rights under the Department of Labor’s whistleblower protection laws.
What Is Retaliation?
Retaliation occurs when an employer fires or takes any other type of adverse action against an employee for engaging in protected activities. Retaliation can include laying off, demoting, denying overtime or promotions, or reducing pay or hours.
An adverse action is an action that would discourage a reasonable employee from reporting a potential violation or concern, as well as participating in other related protected activities.
Who Is Covered By This Law?
Any worker who makes a protected disclosure of information, is protected from being dismissed or penalized by their employer.
Workers are protected from retaliation for reporting issues related to:
- Agricultural work
- Consumer product and food safety
- Discrimination
- Employee safety
- Environmental protection
- And many more
OSHA provides a Whistleblower Protection resource page that goes more in depth on worker protections.
Who Enforces The Whistleblower Protections?
There are 5 agencies who enforce whistleblower and anti-retaliation laws. These agencies include:
- The Occupational Safety and Health Administration (OSHA)
- The Mine Safety and Health Administration (MSHA)
- The Office of Federal Contract Compliance Programs (OFCCP)
- The Wage and Hour Division (WHD)
- And the Veteran’s Employment and Training Service (VETS)
Filing A Whistleblower Complaint
In states with OSHA-approved state plans, employees can file complaints under section 11 Subpart c of the OSH Act with federal OSHA. Employees can also file complaints with the state plan under its equivalent statutory provision.
OSHA administers more than 20 whistleblower statutes with varying time limits for filing. OSHA provides time limits for filing a complaint on their “How to File a Whistleblower Complaint” webpage.
There are 4 methods an employee can use to file a complaint, include:
- Online by filing out the online whistleblower complaint form
- Fax, mail, or email a letter that describes the complaint or a printed copy of the online whistleblower complaint form to your local OSHA regional or area office
- Call your local OSHA regional or area office and discuss the complaint with a staff member
- Or go in person to your local OSHA regional or area office and speak with a staff member in person about the complaint
Conclusion
The Whistleblower Protection Act is a vital role in safeguarding employees who speak out against unsafe activities or wrongdoing in the workplace. By providing legal protection from retaliation, it encourgaes employees to report unethical practices or unsafe work activities without the fear of losing their jobs or facing adverse consequences.