---
kind: "section"
citation: "42 U.S.C. § 6971"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6971"
heading: "Employee protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6971"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter VII — Miscellaneous Provisions"
---

# §6971. Employee protection

- (a) **General—** No [person](/usc/42/6903.md?p=15) shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter or under any applicable [implementation](/usc/42/6903.md?p=8) plan, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter or of any applicable [implementation](/usc/42/6903.md?p=8) plan.
- (b) **Remedy—** Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any [person](/usc/42/6903.md?p=15) in [violation](/usc/42/2000e–16a.md?p=c) of [subsection (a)](#a) of this section may, within thirty days after such alleged [violation](/usc/42/2000e–16a.md?p=c) occurs, apply to the [Secretary](/usc/42/242q–4.md?p=2) of Labor for a review of such firing or alleged discrimination. A copy of the application shall be sent to such [person](/usc/42/6903.md?p=15) who shall be the respondent. Upon receipt of such application, the [Secretary](/usc/42/242q–4.md?p=2) of Labor shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to such alleged [violation](/usc/42/2000e–16a.md?p=c). The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to [section 554 of title 5](/usc/5/554.md). Upon receiving the report of such investigation, the [Secretary](/usc/42/242q–4.md?p=2) of Labor shall make findings of fact. If he finds that such [violation](/usc/42/2000e–16a.md?p=c) did occur, he shall issue a decision, incorporating an order therein and his findings, requiring the party committing such [violation](/usc/42/2000e–16a.md?p=c) to take such affirmative action to abate the [violation](/usc/42/2000e–16a.md?p=c) as the [Secretary](/usc/42/242q–4.md?p=2) of Labor deems appropriate, including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to his former position with compensation. If he finds that there was no such [violation](/usc/42/2000e–16a.md?p=c), he shall issue an order denying the application. Such order issued by the [Secretary](/usc/42/242q–4.md?p=2) of Labor under this subparagraph shall be subject to judicial review in the same manner as orders and decisions of the [Administrator](/usc/42/6903.md?p=1) or subject to judicial review under this chapter.
- (c) **Costs—** Whenever an order is issued under this section to abate such [violation](/usc/42/2000e–16a.md?p=c), at the request of the applicant, a sum equal to the aggregate amount of all costs and expenses (including the attorney’s fees) as determined by the [Secretary](/usc/42/242q–4.md?p=2) of Labor, to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the [person](/usc/42/6903.md?p=15) committing such [violation](/usc/42/2000e–16a.md?p=c).
- (d) **Exception—** This section shall have no application to any employee who, acting without direction from his employer (or his agent) deliberately violates any requirement of this chapter.
- (e) **Employment shifts and loss—** The [Administrator](/usc/42/6903.md?p=1) shall conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the provisions of this chapter and applicable [implementation](/usc/42/6903.md?p=8) plans, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement. Any employee who is discharged, or laid off, threatened with discharge or layoff, or otherwise discriminated against by any [person](/usc/42/6903.md?p=15) because of the alleged results of such administration or enforcement, or any representative of such employee, may request the [Administrator](/usc/42/6903.md?p=1) to conduct a full investigation of the matter. The [Administrator](/usc/42/6903.md?p=1) shall thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less than five days’ notice, and shall at such hearings require the parties, including the employer involved, to present information relating to the actual or potential effect of such administration or enforcement on employment and on any alleged discharge, layoff, or other discrimination and the detailed reasons or justification therefor. Any such hearing shall be of record and shall be subject to [section 554 of title 5](/usc/5/554.md). Upon receiving the report of such investigation, the [Administrator](/usc/42/6903.md?p=1) shall make findings of fact as to the effect of such administration or enforcement on employment and on the alleged discharge, layoff, or discrimination and shall make such recommendations as he deems appropriate. Such report, findings, and recommendations shall be available to the public. Nothing in this subsection shall be construed to require or authorize the [Administrator](/usc/42/6903.md?p=1) or any [State](/usc/42/6903.md?p=31) to modify or withdraw any standard, limitation, or any other requirement of this chapter or any applicable [implementation](/usc/42/6903.md?p=8) plan.
- (f) **Occupational safety and health—** In order to assist the [Secretary](/usc/42/242q–4.md?p=2) of Labor and the [Director](/usc/42/11851.md?p=5) of the National Institute for Occupational Safety and Health in carrying out their duties under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](/usc/29/651.md) et seq.], the [Administrator](/usc/42/6903.md?p=1) shall—
  - (1) provide the following information, as such information becomes available, to the [Secretary](/usc/42/242q–4.md?p=2) and the [Director](/usc/42/11851.md?p=5):
    - (A) the identity of any [hazardous waste generation](/usc/42/6903.md?p=6), [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), [disposal](/usc/42/6903.md?p=3) facility or site where cleanup is planned or underway;
    - (B) information identifying the hazards to which [persons](/usc/42/6903.md?p=15) working at a [hazardous waste generation](/usc/42/6903.md?p=6), [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), [disposal](/usc/42/6903.md?p=3) facility or site or otherwise handling [hazardous waste](/usc/42/6903.md?p=5) may be exposed, the nature and extent of the exposure, and methods to protect workers from such hazards; and
    - (C) incidents of worker injury or harm at a [hazardous waste generation](/usc/42/6903.md?p=6), [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33) or [disposal](/usc/42/6903.md?p=3) facility or site; and
  - (2) notify the [Secretary](/usc/42/242q–4.md?p=2) and the [Director](/usc/42/11851.md?p=5) of the [Administrator](/usc/42/6903.md?p=1)’s receipt of notifications under [section 6930](/usc/42/6930.md) or reports under sections [6922](/usc/42/6922.md), [6923](/usc/42/6923.md), and [6924](/usc/42/6924.md) of this title and make such notifications and reports available to the [Secretary](/usc/42/242q–4.md?p=2) and the [Director](/usc/42/11851.md?p=5).

## Source credit

(Pub. L. 89–272, title II, § 7001, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2824; amended Pub. L. 96–482, § 24, Oct. 21, 1980, 94 Stat. 2347.)

## Notes

### Editorial Notes

### References in Text

The Occupational Safety and Health Act of 1970, referred to in subsec. (f), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.

### Amendments

1980—Subsec. (f). Pub. L. 96–482 added subsec. (f).

### Executive Documents

### Transfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.