Federal Law

OSH Act

Occupational Safety and Health Act

29 U.S.C. §§ 651-678

Employer Size

1+

Filing Deadline

30 days

Extended Deadline

— days

Filing Agency

Occupational Safety and Health Administration

Overview

The Occupational Safety and Health Act (OSH Act) requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. The Act established the Occupational Safety and Health Administration (OSHA) to set and enforce workplace safety and health standards. Section 11(c) of the Act protects employees from retaliation for exercising their rights under the statute, including filing safety complaints, participating in inspections, and refusing to perform work that poses imminent danger. The retaliation complaint deadline under Section 11(c) is notably short at just 30 days from the adverse action.

Key Provisions

  • General Duty Clause (Section 5(a)(1)) requires employers to provide a workplace free from recognized hazards
  • Section 11(c) prohibits retaliation against employees who report safety concerns or exercise other OSH Act rights
  • Employees have the right to request an OSHA inspection and to participate in the inspection process
  • Employees may refuse dangerous work under certain conditions without retaliation
  • Employers must maintain records of work-related injuries and illnesses (OSHA 300 Log)

Available Remedies

ReinstatementBack payRestoration of benefits and seniorityCompensatory damages in some casesOSHA citations and penalties against the employer for safety violationsAbatement orders requiring correction of hazardous conditions

Filing Information

Deadline

30 days for Section 11(c) retaliation complaints; no deadline for safety/health complaints

Agency

Occupational Safety and Health Administration (OSHA)

Eligibility Notes

  • •Covers most private-sector employers
  • •30-day deadline for Section 11(c) retaliation complaints is very short
  • •Excludes self-employed, family farms, and government employees covered by other statutes
  • •Federal employees are covered by Executive Order 12196 and 29 C.F.R. Part 1960 rather than the OSH Act directly
  • •State-plan states may have their own OSHA-approved programs with additional protections

Covers These Situations

retaliationunsafe working conditionswhistleblower

Protected Characteristics

workplace safetyretaliation for safety complaints

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.