WHISTLEBLOWER
What Information Should Be in the Complaint?
The complaint may be handwritten and contain any information the public sector employee finds necessary, minimally; however, the complaint should contain the following information:
- the name and the address of the department and/or agency, including a contact person
- the nature of the protected activities in which you engaged and why you believe they were based upon occupational safety and health issues raised with your employer or brought to the attention of VIDOSH
- how the department and/or agency knew about these activities
- how you believe the department and/or agency may have retaliated against you
- the specific relief (such as back pay, front pay, job reinstatement, cleansing of personnel record, etc.) you are seeking.
The Whistleblower procedures ensure that employees are free to participate in safety and health activities. Section 11(c) of the OSHA Act prohibits any employer from discharging or in any manner retaliating or discriminating against any employee because the employee has exercised their rights under the Act. These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.
“Discrimination” can include the following actions:
- Firing or laying off
- Blacklisting
- Demoting
- Denying overtime or promotion
- Disciplining
- Denial of benefits
- Failure to hire or rehire Intimidation
- Reassignment affecting promotion prospects
- Reducing pay or hours
Employees can submit an OSHA whistleblower complaint electronically by clicking on the link www.osha.gov/whistleblower/WBComplaint.html. The online form will prompt the employees to include basic whistleblower complaint information. Complaints are automatically routed to the appropriate whistleblower investigators. Additionally, the complaint form can also be downloaded and submitted to the VIDOSH in hard-copy format by fax, mail hand-delivery, or via email to usafe@dol.vi.gov. The paper version is identical to the electronic version and requests the same information necessary to initiate a whistleblower investigation.