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Federal Whistleblower Protection Filing Deadlines by Statute

Filing deadlines, covered industries, and enforcement mechanisms for the 25 federal whistleblower protection statutes administered by OSHA. Each statute protects employees who report violations in a specific industry and requires complaints to be filed within a set number of days — from 30 (OSH Act, Clean Air Act) to 180 (SOX, FRSA, ACA). Missing the deadline bars the complaint regardless of merit.

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The data

statute short nameusc citationfiling deadline dayscovered industryenforcement mechanismprivate right of action
Affordable Care Act (ACA)29 U.S.C. § 218C180Health insurance reformComplaint filed with Secretary of Labor; procedures follow 15 U.S.C. § 2087(b) (CPSIA whistleblower provision)Yes; employee may file in federal court per the procedures of 15 U.S.C. § 2087(b)
Anti-Money Laundering Act (AMLA)31 U.S.C. § 532390Anti-money laundering / Bank Secrecy Act enforcementComplaint filed with Secretary of Labor; governed by requirements under section 42121(b) of title 49 (AIR21 procedures); alternatively, action in district court if no final decision within 180 daysYes; if the Secretary of Labor has not issued a final decision within 180 days of the filing of a complaint, and there is no showing that such a delay is due to the bad faith of the claimant, bringing an action against the employer at law or in equity in the appropriate district court of the United States
Asbestos Hazard Emergency Response Act (AHERA)15 U.S.C. §265190Asbestos abatement in schools and public buildingsSecretary of Labor reviews the complaint; investigation conducted in accordance with section 660(c) of Title 29No
Clean Air Act (CAA)42 U.S.C. § 762230Air quality and emissionsComplaint filed with Secretary of Labor; Secretary investigates and issues an order on the record after notice and opportunity for public hearingNo; review is by the Secretary's order, appealable to U.S. Court of Appeals; employee may enforce a Secretary's order in district court
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)42 U.S.C. §961030Hazardous waste cleanup and environmental responseSecretary of Labor investigates, provides opportunity for public hearing, makes findings of fact, and issues order requiring affirmative action to abate the violation or denying the application; order is subject to judicial reviewNo
Consumer Financial Protection Act of 2010 (CFPA)12 U.S.C. § 5567180Consumer financial products and servicesSecretary of Labor investigates, determines reasonable cause within 60 days, issues preliminary order; either party may request hearing on the record; Secretary issues final order within 120 days of hearing conclusionYes, if the Secretary of Labor has not issued a final order within 210 days after the date of filing of a complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court
Consumer Product Safety Improvement Act (CPSIA)15 U.S.C. §2087180Consumer product manufacturing, distribution, and retailSecretary of Labor investigates, determines reasonable cause within 60 days, issues preliminary order; either party may request hearing on the record; Secretary issues final order within 120 days of hearing conclusionYes, if the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court
Criminal Antitrust Anti-Retaliation Act (CAARA)15 U.S.C. § 7a-3180Antitrust enforcementComplaint filed with Secretary of Labor; governed under the rules and procedures set forth in section 42121(b) of title 49; Secretary of Labor may issue ordersYes, if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court
Energy Reorganization Act (ERA)42 U.S.C. § 5851180Nuclear energyComplaint filed with Secretary of Labor; Secretary investigates and issues an order on the record after notice and opportunity for public hearing; preliminary order issued upon recommended decision of meritYes; if the Secretary has not issued a final decision within 1 year after the filing of a complaint, and there is no showing that such delay is due to the bad faith of the person seeking relief, such person may bring an action at law or equity for de novo review in the appropriate district court of the United States
FDA Food Safety Modernization Act (FSMA)21 U.S.C. § 399d180Food manufacturing, processing, packing, transporting, distribution, reception, holding, and importationSecretary of Labor investigates, determines reasonable cause within 60 days, issues preliminary order; either party may request hearing on the record; Secretary issues final order within 120 days of hearing conclusionYes, if the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court
Federal Railroad Safety Act (FRSA)49 U.S.C. § 20109180RailroadComplaint filed with Secretary of Labor; governed under rules and procedures of section 42121(b) (AIR21 procedures); de novo review available in district court if no final decision within 210 daysYes; if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States
Federal Water Pollution Control Act (FWPCA)33 U.S.C. § 136730Water pollution controlComplaint filed with Secretary of Labor; Secretary investigates with opportunity for public hearing, makes findings of fact, and issues an order requiring affirmative action or denying the complaintNo; Secretary's order is subject to judicial review in the same manner as orders of the Administrator under the Act
International Safe Container Act (ISCA)46 U.S.C. §8050760International shipping container safetySecretary of Labor investigates; if a violation is found, the Secretary may bring a civil action in an appropriate district court; court has jurisdiction to restrain violations and order appropriate relief including reinstatement with back payNo
Moving Ahead for Progress in the 21st Century Act (MAP-21)49 U.S.C. 30171180Motor vehicle safety (manufacturers, part suppliers, and dealerships)Secretary of Labor investigates, determines reasonable cause within 60 days, issues preliminary order; either party may request hearing on the record; Secretary issues final order within 120 days of hearing conclusionYes, if the Secretary has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court
National Transit Systems Security Act (NTSSA)6 U.S.C. § 1142180Public transportationSecretary of Labor investigates, determines reasonable cause within 60 days, issues preliminary order; either party may request hearing on the record; Secretary issues final order within 120 days of hearing conclusionYes, if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court
OSH Act Section 11(c)29 U.S.C. § 660(c)30General workplace safetyOSHA investigates; if violation found, the Secretary brings an action in United States district courtNo; only the Secretary of Labor may bring an action in federal court
Pipeline Safety Improvement Act (PSIA)49 U.S.C. § 60129180Pipeline safetyComplaint filed with Secretary of Labor; Secretary investigates with preliminary order, then final order after hearing; de novo review available in district court if no final decision within 210 daysYes; if the Secretary of Labor has not issued a final decision by the date that is 210 days after the date on which the complaint was filed, and if the delay is not due to the bad faith of the employee who filed the complaint, that employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States
Safe Drinking Water Act (SDWA)42 U.S.C. § 300j-9(i)30Drinking water safetyComplaint filed with Secretary of Labor; Secretary investigates, issues an order on the record after notice and opportunity for agency hearingNo; Secretary's order is appealable to U.S. Court of Appeals; Secretary or employee may enforce order in district court
Sarbanes-Oxley Act (SOX)18 U.S.C. § 1514A180Publicly traded companies and securitiesComplaint filed with Secretary of Labor; governed under rules and procedures of section 42121(b) of title 49 (AIR21 procedures)Yes; if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States
Seaman’s Protection Act (SPA)46 U.S.C. § 2114180Maritime / seamenComplaint filed in the same manner as under subsection (b) of section 31105 of title 49 (STAA procedures); subject to the same procedures, requirements, and rightsYes; per STAA procedures referenced in the statute, de novo review available in district court if no final decision within 210 days
Solid Waste Disposal Act (SWDA)42 U.S.C. §697130Solid waste management and disposalSecretary of Labor investigates, provides opportunity for public hearing, makes findings of fact, and issues order requiring affirmative action to abate the violation or denying the application; order is subject to judicial reviewNo
Surface Transportation Assistance Act (STAA)49 U.S.C. § 31105180Commercial motor vehicle transportationComplaint filed with Secretary of Labor; Secretary investigates, issues preliminary order with relief, then final order after hearing; governed by legal burdens of proof set forth in section 42121(b)Yes; if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States
Taxpayer First Act (TFA)26 U.S.C. § 7623(d)180Tax administration and internal revenue enforcementComplaint filed with Secretary of Labor; governed under the rules and procedures set forth in section 42121(b) of title 49, United States CodeYes, if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court
Toxic Substances Control Act (TSCA)15 U.S.C. §262230Chemical substances and mixtures regulationSecretary of Labor investigates within 30 days, issues order within 90 days providing relief or denying the complaint; order made on the record after notice and opportunity for agency hearingNo
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)49 U.S.C. § 4212190AviationComplaint filed with Secretary of Labor; Secretary investigates with preliminary order, then final order after hearingNo explicit kickout provision; employee may enforce Secretary's order in district court

Where this came from

Every record above links the page it was taken from and quotes the sentence that states it. These are the 26 sources this dataset was assembled from.

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