1. By Standard Number
  2. 24 App A - Your Rights Under the Energy Reorganization Act
  • Part Number:
    24
  • Part Number Title:
    PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, AS AMENDED
  • Subpart:
    24 App A
  • Subpart Title:
    Your Rights Under the Energy Reorganization Act
  • Standard Number:
  • Title:
    Your Rights Under the Energy Reorganization Act
  • GPO Source:
    e-CFR
 
Your Rights Under the Energy Reorganization Act

The Energy Reorganization Act (ERA), makes it illegal to discharge or otherwise retaliate against an employee because the employee or any person acting at an employee's request engages in protected activity.

Employers covered by the ERA are:
  • The Nuclear Regulatory Commission (NRC)
  • A contractor or subcontractor of the NRC
  • A licensee of the NRC or an agreement state, and the licensee's contractors and subcontractors
  • An applicant for a lincese, and the applicant's contractors and subcontractors
  • The Department of Energy (DOE)
  • A contractor or subcontractor of the DOE under the Atomic Energy Act (AEA)
     
You are engaged in protected activity when you:
  • Notify your employer of an alleged violation of the ERA or the AEA
  • Refuse to engage in any practice made unlawful by the ERA or the AEA
  • Testify before congress or at any federal or state proceeding regarding any provision or proposed provision of the ERA or the AEA
  • Commence or cause to be commenced a proceeding under the ERA, or a proceeding for the administration or enforcement of any requirement imposed under the ERA
  • Testify or are about to testify in any such proceeding
  • Assist or participate in such proceeding or in any other action to carry out the purposes of the ERA or the AEA
     
Employers may not retaliate against you for engaging in protected activity by:
  • Intimidating
  • Threatening
  • Restraining
  • Coercing
  • Blacklisting
  • Firing
  • or in any other manner retaliating against you
Filing a complaint: You may file a complaint within 180 days of the retaliatory action. A complaint may be filed orally or in writing. If you are not able to file the complaint in English, OSHA will accept the complaint in any language. The date of the postmark, facsimile transmittal, e-mail communication, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office will be considered the date of filing. The complaint may be filed at or sent to the nearest local office of the Occupational Safety and Health Administration (OSHA), U.S. Department Department of Labor, or the Office of the Assistant Secretary, OSHA, U.S. Department of Labor, Washington, D.C. 20210.

If DOL has not issued a final decision within one year of the filing of the complaint, you have the right to file the complaint in district court for de novo review, so long as the delay is not due to your bad faith.

For additional information: Contact OSHA (listed in telephone directories), or see the agency's web site at: www.whistleblowers.gov.
 
Employers are required to display this poster where employees can readily see it.

 

 

 

[72 FR 44968, August 10, 2007; 76 FR 2826, Jan. 18, 2011]