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3. An employer may not retaliate against employees for Job Safety and Health
reporting work-related injuries or illnesses. IT’S THE LAW!
• Section 11(c) of the Occupational Safety and Health U.S. Department of Labor
Act already prohibits any person from discharging or
otherwise discriminating against an employee who All workers have the right to: Employers must:
ƒ A safe workplace. ƒ Provide employees a workplace free from
reports a fatality, injury, or illness. This rule explic- ƒ Raise a safety or health concern with recognized hazards. It is illegal to retaliate
your employer or OSHA, or report a work- against an employee for using any of their
itly incorporates the prohibition against retaliation into related injury or illness, without being rights under the law, including raising a
retaliated against. health and safety concern with you or
with OSHA, or reporting a work-related
Section 1904.35 of the recordkeeping rule with respect ƒ Receive information and training on injury or illness.
job hazards, including all hazardous
to retaliation against employees for reporting work-re- substances in your workplace. ƒ Comply with all applicable OSHA standards.
ƒ Report to OSHA all work-related
ƒ Request an OSHA inspection of your
lated injuries or illnesses, 29 CFR 1904.35(b)(1)(iv). The workplace if you believe there are unsafe fatalities within 8 hours, and all inpatient
or unhealthy conditions. OSHA will keep hospitalizations, amputations and losses
purpose of this provision is to improve the complete- your name confidential. You have the of an eye within 24 hours.
right to have a representative contact ƒ Provide required training to all workers
ness and accuracy of injury and illness data by allowing OSHA on your behalf. in a language and vocabulary they can
ƒ Participate (or have your representative understand.
OSHA to issue citations to employers who retali- participate) in an OSHA inspection and ƒ Prominently display this poster in the
speak in private to the inspector. workplace.
ate against their employees for reporting an injury or ƒ File a complaint with OSHA within ƒ Post OSHA citations at or near the
30 days (by phone, online or by mail) place of the alleged violations.
illness and thereby discourage or deter accurate report- if you have been retaliated against for
using your rights. FREE ASSISTANCE to identify and correct
ing of work-related injuries or illnesses. However, OSHA ƒ See any OSHA citations issued to hazards is available to small and medium-
sized employers, without citation or penalty,
your employer.
may not act under that section unless an employee files through OSHA-supported consultation
ƒ Request copies of your medical programs in every state.
a complaint with OSHA within 30 days of the retalia- records, tests that measure hazards
in the workplace, and the workplace
tion. Under the final rule, OSHA will be able to cite an injury and illness log.
employer for retaliation even if the employee did not file This poster is available free from OSHA.
a complaint, or if the employer has a program that deters
or discourages reporting through the threat of retalia-
Contact OSHA. We can help.
tion. Often the point of retaliating against an employee
who reports a hazard is to intimidate them from assert-
ing their rights. This new authority is important because
it gives OSHA the ability to protect workers who have OSHA 3165-04R 2015
1-800-321-OSHA (6742) • TTY 1-877-889-5627 • www.osha.gov
been subject to retaliation, even when they cannot speak
up for themselves. The new rule gives OSHA an import-
ant new tool in encouraging employers to maintain • Requiring employees to take a drug test for reporting
accurate and complete injury records. without a legitimate business reason for doing so

What forms of “retaliation” does this For additional examples of adverse action, see chapter 3 of
rule prohibit? the OSHA Whistleblower Investigations Manual (https://
www.osha.gov/OshDoc/Directive_pdf/CPL_02-03-007).
The rule prohibits employers from taking adverse action
against employees for reporting work-related injuries or ill- How does the rule affect drug testing
nesses. Adverse action is action taken by the employer that of employees?
would discourage a reasonable employee from reporting a
work-related illness or injury accurately. The new rule does not prohibit drug testing of employees;
• Examples of adverse action include the following: it only prohibits employers from using drug testing, or
• Discharge, demotion, or denying a substantial bonus or the threat of drug testing, as a form of retaliation against
other significant benefit employees who report injuries or illnesses.
• Assigning the employee “points” that could lead to If an employer conducts drug testing to comply with
future consequences the requirements of a state or federal law or regulation, the
• Demeaning or embarrassing the employee (e.g., requir- employer’s motive would not be retaliatory and this rule
ing an employee who reports an illness or injury to would not prohibit such testing. Section 1904.35(b)(1)(iv)
wear a fluorescent orange vest for a week) only prohibits drug testing employees for reporting work-re-
• Threatening to penalize or otherwise discipline an lated injuries of illnesses without objectively reasonable basis
employee for reporting to do so. And, as in all cases under section 1904.35(b)(1)(iv),

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