OSHA 10-Hour Construction ReviewIntroduction to OSHAHard
A construction worker believes they were unfairly terminated after reporting a serious fall hazard to OSHA, which subsequently led to an inspection and citations against their employer. How long does the worker typically have to file a whistleblower complaint with OSHA regarding this alleged retaliation?
- A30 days from the date of the alleged discriminatory act.
- B90 days from the date the hazard was reported.
- C15 days from the date of termination.
- D60 days from the date of the OSHA inspection.
Show answer & explanationAnswer & explanation
Correct answer: A. 30 days from the date of the alleged discriminatory act.
Under Section 11(c) of the OSH Act, employees must file a whistleblower complaint with OSHA within 30 days of the alleged discriminatory action (e.g., termination, demotion).
Why the other options are wrong
- B. This timeframe is incorrect; the clock starts from the retaliatory act, not the initial hazard report.
- C. This timeframe is incorrect for whistleblower complaints; 15 days is for employers to contest citations.
- D. This timeframe is incorrect; the clock starts from the discriminatory act, not the inspection date.
Whistleblower Complaint Deadline
Employees protected by Section 11(c) of the OSH Act must file a retaliation complaint with OSHA within 30 days of the alleged discriminatory action.
- Deadline is strict and rarely extended.
- Applies to various forms of discrimination (firing, demotion, etc.).
- Complaint can be filed online, by mail, or in person.
Memory trick: Thirty days is your window, for justice to swiftly flow.