IOSHA enforces the whistleblower and discrimination rules of the Occupational Safety and Health Act (the Act). In Iowa, the law safeguards employees who report unsafe or unhealthy work conditions. It also shields employees from any form of retaliation by anyone.
Your Rights
Under the law, nobody can fire or mistreat an employee because the employee has done any of the following:
Filed a complaint related to the Act.
Started or helped start any legal action related to the Act.
Testified or is about to testify in a legal action related to the Act.
Used any right provided by the Act, either for themselves or for others.
File a Whistleblower Complaint
You can file a complaint with IOSHA in person, over the phone, or by fax. There's no specific way you have to do it. You may use the below complaint form that has the required information to file.
Whistleblower FAQs
Basic Information
IOSHA investigates whistleblower complaints linked to workplace safety and health.
Employees have the right to do things called "protected activity." This usually means:
reporting behavior they think breaks the law,
complaining about a problem, or
helping with related things like testifying.
It also covers telling their employer about concerns or telling government agencies. Sometimes, Iowa OSHA's whistleblower law protects even more things.
For instance, it stops employers from retaliating against employees for reporting injuries, illnesses, or dangerous situations, joining in IOSHA inspections, and, in certain cases, refusing to work if they're scared they might get hurt.
Yes. If the employee believed that a violation happened or might happen, the report is usually protected.
Retaliation
Retaliation is taking an adverse action against an employee for engaging in protected activity. Adverse actions can include:
Firing or laying off
Demoting
Denying overtime or promotion
Reducing pay or hours
Giving an employee a reassignment that affects his or her prospects for promotion
Disciplining
Denying benefits
Failing to hire or rehire
Blacklisting (intentionally interfering with an employee’s ability to get future employment)
Intimidating/harassing
Making threats
To find that unlawful retaliation took place, IOSHA must determine that:
The employee engaged in protected activity under the Act; and
The employer knew about or suspected the protected activity; and
The employer took an adverse action against the employee; and
The protected activity links to the adverse action.
Possibly. Depending on the facts of the case, laws enforced by other federal agencies may be applicable. For example, a group of coworkers worked together on a safety or health issue not overseen by IOSHA. They may have filed a complaint together or filed a grievance under a union agreement to fix a problem. They can file a charge to National Labor Relations Board within six months of the adverse action.
Investigations
An IOSHA whistleblower investigator looks into whistleblower complaints.
No. The IOSHA Whistleblower Investigator is a neutral fact-finder. They do not represent or advocate on behalf of either party. The Investigator gathers and analyzes all relevant evidence to determine whether unlawful retaliation has occurred.
IOSHA's Whistleblower Investigations Manual contains procedures for conducting investigations. It also contains information on what to expect during an investigation.
Investigations take roughly 90 days to complete. However, some cases may take longer due to their complex nature. IOSHA will report their findings once the investigation is complete.
Interactions between IOSHA Safety and the Whistleblower Division
An IOSHA safety and health complaint concerns unsafe or unhealthy working conditions. A whistleblower complaint relates to actions taken against an employee in retaliation for engaging in activities protected by IOSHA's whistleblower law.
When someone files a safety and health complaint with IOSHA, it may trigger or prompt an investigation of the workplace. If the complaint contains allegations of retaliation, the Whistleblower Protection Program receives that part of the complaint. Likewise, if a whistleblower complaint contains allegations of safety and health hazards, the Safety and Health Enforcement Program receives that part of the complaint.
Filing Complaints
No, employees cannot file anonymous whistleblower complaints.
Employees may file whistleblower complaints either:
Online
Email
By mail
By fax or phone
In person at 6200 Park Ave, Des Moines, IA, 50321
Whistleblower complaints do not need to be in a specific format.
Yes. IOSHA usually allows changes if employees filed the complaint on time and the investigation isn't finished yet.
Merit and Non-Merit Findings
Iowa Division of Labor attorneys can litigate cases investigated under Section 88.9(3) of the Act. Labor attorneys may take the cases to district court on behalf of the Labor Commissioner. If the court finds a violation occurred, it may result in any of the following:
Reinstatement
Back pay
Compensatory damages
Punitive damages
Other appropriate relief
Section 88.9(3) of the Act allows employees to appeal dismissed cases. File the appeal in writing within 15 calendar days of receiving the final decision.
Use the DIAL records request form for any records or files not available online.
