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What is a whistleblower complaint? Form: What You Should Know

OSHA's whistleblower procedures specify what it cannot issue a reprisal for:  • A complaint from a current employee alleging reprisal for protected activity; • A complaint from a former employee alleging reprisal for protected activity; • A complaint from former OSHA Office of Civilian Justice employees who allege reprisal for protected activity, and • A complaint from OSHA's Office of General Counsel that alleges reprisal for protected activity; OSHA cannot issue a reprisal for the following: • Your prior whistleblowing activities; • A written statement that you made a protected disclosure (if you don't have one, get one from your immediate supervisor within 24 hours); • A report of an investigation by OSHA's Office of Inspector General (if no action was taken or there is no finding of wrongdoing); • A complaint (including a request for the agency's investigation). If you or your supervisor has been placed on administrative leave for an adverse action following a whistleblower complaint, OSHA has the right to issue a reprimand or a demotion for every day on leave that your employment status remains unchanged. OSHA considers all the following factors when making decisions concerning administrative leave for retaliatory purposes: (1) the seriousness of the wrongdoing; (2) the nature of the workplace misconduct; (3) the effect on coworkers of the misconduct; (4) the effect on the supervisor's responsibility to a co-worker; (5) the supervisor's status; (6) the supervisor's position in the workplace; and (7) the supervisor's work status. (See for more information.) OSHA also has the authority to terminate the employment of any current employee who has engaged in retaliatory personnel actions within six months of the date on which the whistleblower complaint was initiated. [1] If your supervisor or the agency that employs you threatens to terminate you or your job if you make a protected disclosure of an alleged wrongdoing, OSHA does not allow you to use an OSHA whistleblower complaint form.   [1] 28 C.F.R. 626.20. Whistleblower Protections in Employment Eligibility Screening Your employment eligibility will be considered as if you were on active duty.

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