OSHA Whistleblower Program: 6 Frequently Asked Questions

INTRODUCTION TO WHISTLEBLOWING

Contact Nashville Whistleblower attorney Timothy L. Miles today for a free and confidential consultation case evaluation

A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. A whistleblower can be an employee, supplier, contractor, client, or any individual who becomes aware of illegal business activities.​ ​If you have knowledge of a person or company attempting to defraud the federal government, and you come forward with this information, you could be receive a whistleblower award for your courage and blowing the whistle by filing a whistleblower lawsuit and do so with the knowledge you have strong whistleblower protections against whistleblower retaliation.

​If you are thinking of blowing the whistle, contact Nashville whistleblower attorney and litigation attorney Timothy L. Miles, who has valuable experience and has received numerous awards, mostly due to his high ethical standards, and hard work ethic, including most recently being named an Avvo Rated Top Lawyer 2024 by AVVO, Top 25 Class action lawyer by the National Trial Lawyers Association (2023-present), a Top 100 Civil Plaintiff Trial Lawyer by the National Trial Lawyers Association (2017-present) and has maintained an AV rating from Martindale-Hubble since 2014 (2014-present), was named a 2023 Top Rated Litigator (2019-present) and 2023 Top Rated Lawyer (2019-present) and 2023 Elite Lawyer of the South by Martindale-Hubble (2019-present), and was a recipient of the Avvo Client’s Choice Award in 2021, in 2022 was featured in the Top 100 Lawyers Magazine (2022) and received the Lifetime Achievement Award by Premier Lawyers of America (2019–2021). 

Contact a Nashville whistleblower attorney today, located conveniently in Brentwood, TN a suburb of Nashville. (855) 846–6529 or [email protected].

Read on for answers to six frequently asked questions about the Occupational Safety and Health Administration: Whistleblower Protection Program.

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What types of whistleblower complaints does OSHA investigate?

OSHA enforces over 20 whistleblower protection laws that shield employees from retaliation when they report violations of workplace safety, health, transportation, consumer product, environmental, financial, food safety, insurance, nuclear, pipeline, railroad, maritime, and other laws related to their jobs.

What activities are protected under the whistleblower laws enforced by OSHA?

Whistleblower laws protect a range of employee activities, such as reporting suspected violations of federal law, filing complaints, and participating in related proceedings. These protected activities can include both internal reporting to the employer and external reporting to regulatory agencies or law enforcement. The specific activities covered vary under different whistleblower statutes, but generally provide safeguards for employees who reasonably believe they are exposing unlawful conduct.

Can public sector employees file whistleblower complaints with OSHA?

If you are thinking of blowing the whistle call Nashville whistleblower attorney Timothy l. Miles today

The OSH Act's Section 11(c) whistleblower protections do not apply to most public sector employees, except those working for the Postal Service. However, other OSHA whistleblower laws may still protect certain federal, state, or local government workers, depending on the specific circumstances.​

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Is an employee protected from retaliation for reporting conduct that the employee mistakenly believes is unlawful?

As long as the employee reasonably and in good faith believed that a violation had occurred or was likely to occur, their reporting of the issue is typically considered a protected activity.

What is retaliation?

Retaliation occurs when an employer takes adverse action against an employee in response to the employee's engagement in a protected activity. Examples of adverse actions include:

• Firing or laying off the employee
• Demoting the employee
• Denying the employee overtime or a promotion
• Reducing the employee's pay or work hours
• Reassigning the employee in a way that negatively impacts their prospects for promotion
• Disciplining the employee
• Denying the employee benefits
• Failing to hire or rehire the employee
• Blacklisting the employee (intentionally interfering with their ability to obtain future employment)
• Intimidating or harassing the employee
• Making threats against the employee

What elements must OSHA find to determine that retaliation in violation of a whistleblower law took place?

To determine that unlawful retaliation took place, OSHA must find that:

1. The employee engaged in protected activity under one of OSHA's whistleblower laws.
2. The employer knew about or suspected the protected activity.
3. The employer took an adverse action against the employee.
4. The protected activity caused the adverse action.

The specific standard OSHA uses to determine causation can vary depending on the whistleblower law applicable to the employee's complaint. More details on OSHA's retaliation investigation standards are available in their Whistleblower Investigations Manual.​

If You Are Thinking of Blowing the Whistle, Contact Nashville Whistleblower Attorney Timothy L. Miles Today

​​​If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections.  The consultation is free and confidential. Just complete the form below to get started or call (855) Tim-M-Law.  Ask a Nashville whistleblower attorney, you could be entitled to a significant whistleblower award. 

​Please also visit our Resources center which provides a wealth of information on whistleblower lawsuits, among others.

​Call today and see what a Nashville whistleblower attorney can do for you.

​The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
Phone: (855) 846–6529
​​Email: [email protected]

Nashville whistleblower attorney Timothy L. Miles ​

Timothy L. Miles is a top-rated and AV preeminent lawyer in Nashville, Tennessee and a nationally known class action and products liability lawyer who has been leading the fight to protect consumer rights for over 22 years. Mr. Miles received a Bachelor of Science in Psychology from Belmont University in Nashville, Tennessee in 1995 and his J.D. from the Nashville School of Law in May 2001, graduating third in his class, and was made a member of the Honorable Society of Cooper’s Inn which is reserved for students graduating in the top ten percent of their class.

He is admitted to practice before the Tennessee Supreme Court; the United States District Court for the Western, Middle and Eastern Districts of Tennessee and the District of Colorado; and the Sixth Circuit Court of Appeals.  He is a member of the Nashville Bar Association; National Trial Lawyers Association; and Harry Phillips American Inns of Court (Student Member 2000). Mr. Miles has dedicated his career to representing consumers and shareholders in complex class-action litigation, products liability and mass torts.

Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover millions of dollars for aggrieved consumers, shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards.
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For example, Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, which is by invitation only and is “extended to those attorneys who exemplify superior qualifications, trial results, and leadership in their respective state based upon objective and uniformly applied criteria.” The National Trial Lawyers Association explained the significance of this honor: “With the selection of Timothy L. Miles by The National Trial Lawyers: Top 100, [Mr.] Miles has shown that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research.” Further, “[m]embership is extended only to the select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7.”
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Additionally, Mr. Miles has maintained an AV Preeminent Rating in securities law with Martindale-Hubble since 2014, their highest award given. The coveted AV Preeminent rating is reserved for “[a]n elite group of approximately 10 percent of all attorneys.”  Additionally, while Martindale’s peer review ratings have been trusted for decades because they are based on the opinions and feedback of fellow legal practitioners, the organization’s special judicial edition rating, which Mr. Miles received this year for the sixth year in a row, is an even higher honor. As Martindale notes, the prestigious judicial rating is its highest possible distinction, and is representative of the opinions of both a lawyer’s peers and members of the judiciary.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
​​Phone:(855) 846-6529
​Email: [email protected]
​Websites:
www.classactionlawyertn.com
​www.dangerousdrugslawyertn.com
www.stocklosslawyertn.com
www.masstortsheadquarters.com