Has your employer taken revenge against you for exerting your rights as an employee under the whistleblower protection legislation implemented by OSHA in New Jersey? In New Jersey, employees might lodge complaints under section 11(c) of the OSHA and the state plan under similar statutory requirements. New Jersey employment lawyer understands your vexation regarding your employer’s retaliation against you for performing your duty. So, how do you lodge a whistleblower complaint, and what are the time limits for complaining? Let’s find out more everything about whistleblower complaints!
How to File a Complaint?
You might lodge your whistleblower complaint by employing any of these filing options:
Online – You may utilize the Online Whistleblower Complaint Form to submit your objection to OSHA. The complaints obtained online from employees in New Jersey with OSHA-sanctioned state plans will be delivered to the proper State Plan for response.
Telephone – You may call your local OSHA regional office in New Jersey. OSHA staff can explain your complaint to you and respond to any queries.
Mail/Email/Fax – Mail a letter elaborating on your complaint or a printed document of your completed online whistleblower complaint form to your regional OSHA area office. All you need to ensure that the correspondence consists of your name, mailing address, email ID, and telephone or fax number so they can connect with you to follow up.
In Person – Upon visiting your local OSHA area or regional office, the OSHA employee will accept your written or verbal complaint and offer information as required.
OSHA accepts complaints in a few languages except English. If you need help with a foreign language interpreter, don’t forget to contact your local OSHA regional or area office.
What are the time limits for complaint lodging?
OSHA administers over 20 whistleblower regulations, with different time limitations for filing. The time frame for complaint lodging starts when the adverse action, for example, termination, occurs and is interacted with the employee. The differing time frames are the following:
30 Days
- Clean Air Act
- Toxic Elements Control Act
- Section 11(c) of the OSHA
- Solid Waste Disposal Act
- Safe Drinking Water Act
- CERCLA, aka Comprehensive Environmental Response, Compensation & Liability Act
60 Days
- ISCA, aka International Safe Container Act
90 Days
- Asbestos Hazard Emergency Response Act or AHERA
- AMLA, aka Anit-Money Laundering Act
180 Days
- ACA, aka Affordable Care Act
- Seaman’s Protection Act or SPA
- FRA, aka Federal Railroad Safety Act
- TFA, aka Taxpayer First Act
What to Have While Filing a Complaint?
Although these items aren’t needed, they are valuable for the investigator who will be reviewing your complaint:
- Documents of any termination or hiring letters
- A recent job description
- The titles, names, and contact details of the hierarchies who made the decision you complained about.
- Records of your last five pay stubs.
- Documentation involving extra complaints, such as health, safety, or other statutorily safeguarded complaints, with OSHA or another enforcement agency.
- Records of any legally obtained documents that are pertinent, for instance, phone records, emails, activity logs, work orders, and meeting notes regarding your complaint.
- Copies from any proceedings, such as EEOC cases or complaints between you & the organization.
- Records of any punitive measures which you have obtained during your employment.
- Copies of unemployment documents or employee reimbursement proceedings based on the incidents discussed in your objection.
Conclusion
If any individual is victimized because he had complained about the Whistle Blower provisions, he might apply before seeking redressal. Whistleblowing penalty compensations must be submitted within three months, which can be extended in typical scenarios. Lastly, identifying when the act happened is vital and must be unambiguous regarding its disadvantages.
