Fired for Raising Safety Concerns? Know Your Rights Under OSHA and Illinois Law

Introduction: Speaking Up for Safety is Your Right

If you’ve been fired, demoted, or punished for reporting unsafe working conditions, you’re not alone – and importantly, you have legal protections. In a sense, the law treats whistleblowers like a hero when they stand up for the rights of others--both federal law and Illinois law make it illegal for employers to retaliate against workers for filing an OSHA complaint or raising workplace safety concerns. In other words, you should not lose your job or suffer punishment for trying to keep yourself and others safe at work.

Federal Protections: OSHA’s Whistleblower Provisions

Federal OSHA (Occupational Safety and Health Act) – specifically Section 11(c) of the OSH Act – prohibits employers from retaliating against employees who report unsafe or unhealthful conditions or exercise other safety rightsosha.gov. This protection applies if you file a safety complaint with OSHA or even if you simply report safety issues internally to your boss or refuse dangerous work in good faith.

What actions are illegal? Under the OSH Act’s whistleblower provisions, an employer cannot fire you, discipline you, or discriminate against you because you complained about workplace safety or filed an OSHA complaint. Retaliation can take many forms – firing is the most obvious, but it’s also illegal for an employer to demote you, cut your pay or hours, deny you a promotion, blacklist you from other jobs, or harass and threaten you for speaking up. Essentially, any adverse action that would discourage a reasonable person from reporting a safety issue is unlawful.

How to file a federal OSHA retaliation complaint: If you believe your employer retaliated against you for raising safety concerns, you can file a whistleblower complaint with OSHA. The easiest way to do this is online through OSHA’s Whistleblower Protection Program website.

Do not delay – for some OSHA-related retaliation cases, the complaint must be filed within 30 days of the retaliatory action. If you wait longer than this, OSHA may dismiss your complaint as untimely. When filing, you’ll need to explain what safety activity you engaged in (for example, reporting a safety violation or injury), what adverse action you suffered, and why you believe the two are connected. OSHA will then evaluate the complaint and, if it meets the criteria, launch an investigationosha.gov.

What happens next? OSHA investigators will interview you, gather evidence, and also talk to the employer. If OSHA finds your employer did retaliate unlawfully, OSHA can seek remedies on your behalf – often by negotiating a settlement or by taking the case to court through the Department of Labor’s attorneys.

OSHA’s process for OSH Act retaliation does not typically include punitive damages for the employee, but compensatory remedies (wages, job restoration, etc.) are available. If OSHA does not rule in your favor or if there are delays, you might have other legal options (like suing under state law, discussed below), but filing with OSHA promptly is usually the first step for safety-related retaliation.

Illinois State Protections: Illinois Whistleblower Laws

Illinois law also offers stronger protections for workers against retaliation than OSHA because it allows for more damages. If carefully filed, an Illinois-based worker can file a claim in court even if they filed an OSHA claim.

• Illinois Whistleblower Act – Private and Public Employees: Illinois also has a broader law called the Illinois Whistleblower Act (740 ILCS 174). This law protects all employees (public or private) in Illinois from retaliation when they disclose information about their employer’s illegal activities or unsafe practices. Not only are external reports protected (like complaining to OSHA or law enforcement), but internal reports to a supervisor or employer about dangers or illegal conduct are also protected by Illinois law. In short, Illinois law forbids any form of punishment against whistleblowing workers, whether you reported the issue externally or to your boss.
• Illinois Retaliatory Discharge: Illinois courts consistently hold that employees who report safety violations, oppose unlawful conditions, or refuse to provide false information to regulators are protected by the law against a retaliatory discharge. Mackie v. Vaughan Chapter–Paralyzed Vet. of Am., Inc., 354 Ill. App. 3d 731, 734 (2004). Our supreme court has recognized the tort of retaliatory discharge where the subject matter “‘strike[s] at the heart of a citizen's social rights, duties, and responsibilities.” Stebbings, 312 Ill. App. 3d at 365. Preventing the discharge of an employee who reports health hazards furthers the public policy of protecting the lives and property of Illinois citizens. Gomez v. The Finishing Co., 369 Ill. App. 3d 711, 719 (2006). See also Fragassi v. Neiburger, 269 Ill. App. 3d 633, 638 (2d Dist. 1995) (reversing, “plaintiff's cause of action is clearly aimed at defendant's alleged retaliatory discharge of plaintiff for her opposition to possible workplace safety violations.”); Sherman, 272 Ill. App. 3d at 836 (reversing where complaint related to asbestos); Spielman v. Fisher Printing, Inc., No. 02 C 7454, 2003 WL 1090360, at *2 (N.D. Ill. Mar. 10, 2003) (protection for workers who expose workplace hazards as rooted in “strongly grounded public policy”). Furthermore, courts routinely find such statutory protections reflect the kind of clearly mandated public policy necessary to sustain a common law claim. See Michael, 2011 IL App (5th) ¶ 31 (noting a "clearly mandated public policy" may be evidenced by the express terms or purpose of a statute).  

How to raise a claim under Illinois law: The Illinois Whistleblower Act gives you the right to file a lawsuit in state court against your employer for retaliatory discharge or discrimination. The statute of limitations under the Illinois Whistleblower Act is longer than OSHA’s.

Remedies under Illinois law: If you win a retaliation case under the Illinois Whistleblower Act or the IL OSHA law, you can be made whole. Courts can order reinstatement to your job, payment of lost wages and benefits (back pay), and other compensatory damages for the harm you suffered.

What Counts as Retaliation? (Examples of Adverse Actions)

Retaliation isn’t limited to getting fired. Any negative action your employer takes because you raised a safety issue can count as retaliation. Common examples include:

• Termination or Layoff: Ending your employment (firing you) because you reported a hazard or filed a safety complaint.
• Disciplinary Actions: Demotions (being moved to a lower position or pay grade), unwarranted pay cuts, reduction in hours or shifts, or denial of a raise/promotion that you otherwise earned.
• Harassment and Hostile Treatment: Subjecting you to verbal or physical harassment, unfair write-ups, micromanagement, or other hostile behavior because you spoke up. This can include isolating you at work or excluding you from opportunities.
• Threats and Intimidation: Threatening to call immigration authorities or law enforcement on you, threatening to fire you if you don’t withdraw a complaint, or other scare tactics. (Illinois now explicitly outlaws immigration-related threats as retaliation.
• Blacklisting and Reputational Harm: Interfering with your ability to get a new job – for example, by giving unjustified negative references, or telling other employers not to hire you, simply because you exercised your safety rights.
• Unreasonable Transfers or Assignments: Transferring you to a less desirable job, shift, or location, or assigning you tasks that are set up to fail, because you reported a safety problem.

The key element is motive: these actions are illegal if they are motivated by your protected activity (like reporting safety issues). If the same actions would have happened regardless of your complaint (for legitimate reasons like performance or business necessity), the employer may claim it’s not retaliation. But the timing and context often tell the story – if something bad happened to you only after you raised a safety concern, it’s worth looking into further. Always document what happened (keep copies of complaints, emails, performance reviews, etc.), as this evidence can help prove the retaliation was linked to your safety complaint.

Finally, know that standing up for safety is not just brave – it’s protected by law. The laws exist because society recognizes that we all benefit when hazards are addressed openly. While it’s unfortunate you even have to worry about retaliation, the law is on your side. Many employees who have walked this path can attest that speaking up was the right thing to do, and with the help of OSHA, Illinois agencies, or the courts, they were able to get justice. If you find yourself in this situation, use the information and resources above as a roadmap. You have the right to a safe workplace, and you have the right to speak out if that safety is compromised – without losing your job. As the saying on OSHA’s poster goes, “You have a right to a safe workplace. It’s the law!” Enforcing that law is possible, and help is available when you need it.

How to File an OSHA Whistleblower Complaint Online (Illinois-Focused Guide)

Filing a whistleblower retaliation complaint with OSHA can seem daunting, but it’s a straightforward process if you know the steps. This guide provides a step-by-step walkthrough to file an OSHA whistleblower claim online, tailored for workers in Illinois (which is under federal OSHA for private-sector workers) but applicable across all industries. We’ll cover the online filing portal, what information you need, example language for describing your case, a sample completed form, and key deadlines to keep in mind.

What is an OSHA Whistleblower Complaint?

An OSHA whistleblower complaint is a report you file if you believe your employer retaliated against you for reporting safety concerns or other protected activities. Under Section 11(c) of the OSH Act, it is illegal for an employer to retaliate (e.g., fire, demote, or harass you) for raising workplace safety or health issues

Step 1: Check Eligibility and Deadline

Verify that your situation qualifies for an OSHA whistleblower complaint. Generally, you must show that:

• You engaged in protected activity (e.g., reported a safety hazard or violation).
• Your employer knew or suspected that you did this.
• Your employer took adverse action against you (firing, demotion, pay cut, harassment, etc.).
• The protected activity was a motivating factor in the adverse action.

If these elements are present, you likely have grounds for a complaint.

Step 2: Gather the Information You’ll Need

Before you start the online form, collect all relevant information. This will make the filing process smoother. You should have:

• Your personal details: name, home address, phone number(s), and email.
• Your employer’s details: company name, worksite address (where the retaliation occurred), and contact info for a management person if available. For Illinois, include the local facility address (if part of a larger company).
• Description of the retaliatory action: what adverse action was taken against you (e.g., firing, demotion), on what date, and who was involved.
• Description of your protected activity: what you did that is protected (e.g., reported an OSHA violation to your supervisor or OSHA, refused unsafe work, participated in an OSHA inspection, etc.), including dates.
• Why you believe the two are connected: any facts suggesting your protected activity led to the retaliation (for example, timing – you were fired a week after complaining, or comments made by a supervisor).
• Employer’s stated reason: if the employer gave a reason for the action (e.g., “poor performance”), note that as well.

Having this information ready will help you complete the form efficiently. OSHA also suggests it’s helpful to have any documentation of your safety complaint or other relevant documents ready, though you might not need to upload them with the initial filing.

Step 3: Access OSHA’s Online Whistleblower Complaint Form

To file online, go to the official OSHA Whistleblower Complaint webpage. The direct link is available on OSHA’s site: “Online Whistleblower Complaint Form.” You can find it by visiting OSHA’s Whistleblower Protection Programs page and clicking “File a Complaint”

Example Scenario: Jane Doe, a machine operator at ACME Manufacturing in Illinois, reported a safety hazard to her supervisor (an unguarded machine) on July 30, 2025. On August 5, 2025, she was fired. The company claimed it was for “performance issues,” but this occurred just a week after her safety complaint, and she had no prior warnings. She believes it was retaliation for speaking up about safety.

Using this scenario, here’s how Jane might answer key questions in the complaint form:

• Protected Activity (What you did): “On July 30, 2025, I complained to my supervisor about unsafe conditions – specifically, I reported that Machine #12 lacked proper guarding and was a hazard. I also told him we should inform OSHA if it wasn’t fixed.” (This establishes she engaged in a protected activity: reporting a safety concern to management.)
• Adverse Action (What happened to you): “On August 5, 2025, I was terminated. I was called into an office with the plant manager and given a termination letter effective immediately.” She would check the box for Termination on the form.
• Employer’s Stated Reason: “The only reason given was that my performance was unsatisfactory and the company was ‘restructuring’. This was surprising because I received no prior discipline or warnings.”
• Why it’s Retaliation (Connection to protected activity): “I believe I was fired because of my safety complaint. My termination happened just 6 days after I raised the issue. My supervisor was annoyed when I brought up the machine hazard – he told me to ‘stop complaining’. There were no other issues at work that could explain my firing. The timing and his reaction to my complaint make me believe this was retaliation for speaking up about safety.”
• Employer Knowledge: “Yes, management knew I engaged in the protected activity. I reported the hazard directly to my supervisor (John Smith) and discussed it in a team meeting with management present on July 30. The plant manager who fired me was aware of my complaint – my supervisor had forwarded my safety concern to him.”

This example language touches all the important points: what the protected activity was, evidence the employer knew about it, what the adverse action was and when, and why it seems retaliatory (suspicious timing and negative reaction). Your description should include facts like dates, quotes or behavior if relevant, and any context that shows the link between your complaint and the punishment. Keep it factual and concise; you’ll get to provide more details and evidence to the OSHA investigator later, so you don’t have to include everything in the initial form.

If you’re unsure how to word something, remember you can state things in plain language. OSHA does not expect legal jargon – they will interpret the information. For instance, saying “I believe I was fired for reporting safety issues” is perfectly fine and gets the point across. Be truthful and as specific as possible about key details (who, what, when, where, why).