Defending Against Retaliation Claims Under Section 11(c)

Employers must comply not only with OSHA’s safety standards, but also with its anti-retaliation rules. Section 11(c) of the OSH Act makes it illegal to punish workers for raising safety concerns, filing complaints, or participating in OSHA investigations. Violations can lead to fines, lawsuits, and costly settlements.

What Employers Need to Know

• Tight deadlines: Workers have only 30 days to file a retaliation claim, and OSHA investigates quickly.
• Broad protections: Employees need only show a good faith belief that the workplace was unsafe—not that they were correct.
• High risk: Penalties can include reinstatement, back pay, emotional distress damages, and attorney’s fees.
  
  

Common Employer Pitfalls

• Poorly documented discipline after a safety complaint
• Policies that discourage reporting (e.g., automatic drug testing, injury bonuses)
• Managers unaware of what counts as retaliation
• Lack of safe internal reporting channels
  
  

How We Protect Employers

Our team helps businesses nationwide:

• Defend against OSHA retaliation investigations and claims
• Develop anti-retaliation policies and train managers
• Create confidential reporting systems to reduce risk
• Strategically handle settlements when appropriate
• Provide legal review before disciplinary action against whistleblowers
  
  

OSHA’s Whistleblower Protection Program

OSHA enforces over 20 additional federal whistleblower protection laws, including:

• Affordable Care Act (ACA) — 29 U.S.C. § 218C
• Anti-Money Laundering Act (AMLA) — 31 U.S.C. § 5323(a)(5), (g), (j)
• Asbestos Hazard Emergency Response Act (AHERA) — 15 U.S.C. § 2651
• Clean Air Act (CAA) — 42 U.S.C. § 7622
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — 42 U.S.C. § 9610
• Consumer Financial Protection Act (CFPA) — 12 U.S.C. § 5567
• Consumer Product Safety Improvement Act (CPSIA) — 15 U.S.C. § 2087
• Criminal Antitrust Anti-Retaliation Act (CAARA) — 15 U.S.C. § 7a-3
• Energy Reorganization Act (ERA) — 42 U.S.C. § 5851
• FDA Food Safety Modernization Act (FSMA) — 21 U.S.C. § 399d
• Federal Railroad Safety Act (FRSA) — 49 U.S.C. § 20109
• Federal Water Pollution Control Act (Clean Water Act) (FWPCA/CWA) — 33 U.S.C. § 1367
• International Safe Container Act (ISCA) — 46 U.S.C. § 80507
• Moving Ahead for Progress in the 21st Century Act (MAP-21) — 49 U.S.C. § 30171
• National Transit Systems Security Act (NTSSA) — 6 U.S.C. § 1142
• Pipeline Safety Improvement Act (PSIA) — 49 U.S.C. § 60129
• Safe Drinking Water Act (SDWA) — 42 U.S.C. § 300j-9(i)
• Sarbanes-Oxley Act (SOX) — 18 U.S.C. § 1514A
• Seaman’s Protection Act (SPA) — 46 U.S.C. § 2114
• Solid Waste Disposal Act (SWDA/RCRA) — 42 U.S.C. § 6971
• Surface Transportation Assistance Act (STAA) — 49 U.S.C. § 31105
• Taxpayer First Act (TFA) — 26 U.S.C. § 7623(d)
• Toxic Substances Control Act (TSCA) — 15 U.S.C. § 2622
• Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) — 49 U.S.C. § 42121

Each whistleblower law comes with its own deadlines, remedies, and procedures, and many protections go beyond just workplace safety issues.

Why Act Early

Retaliation claims can escalate fast. Bringing in counsel early helps protect your business, strengthen defenses, and prevent costly mistakes.

If your company is facing an OSHA retaliation claim—or you want to reduce risk—contact us today for a confidential employer defense consultation.