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DOL/OSHA RIN: 1218-AC58 Publication ID: Spring 2013 
Title: Procedures for the Handling of Retaliation Complaints Under The Consumer Financial Protection Act; The Seaman's Protection Act; The Affordable Care Act; and the FDA Food Safety Modernization Act 
Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to whistleblower protection provisions of three statutes: (1) the Consumer Financial Protection Act (CFPA), section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (DFA); (2) the Seaman's Protection Act, 46 U.S.C. section 2114 (SPA); and (3) Section 1558 of the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act or ACA; (4) Section 402 of the FDA Food Safety Modernization Act (FSMA). Promulgation of these regulations is necessary to govern whistleblower investigations conducted under the new statutes. CFPA, section 1057 of the DFA, provides protection from retaliation to employees in the consumer financial product and service industries who report alleged violations of Title X of the DFA or any other provision of law that is subject to the jurisdiction of the Bureau of Consumer Financial Protection, an independent bureau within the Federal Reserve System. Pursuant to the statute, the procedures will include remedies and legal burdens of proof provisions, and a "kick-out" provision allowing the complainant to file a complaint in District Court within 90 days after receiving a written determination from OSHA, or if the Secretary has not issued a final determination within 210 days after the filing of the complaint. SPA, as amended by section 611 of the Coast Guard Authorization Act of 2010, transfers to OSHA the administration of the whistleblower protections previously enforced solely via a private right of action. It provides protection from retaliation to seamen who engage in protected activities under SPA. Pursuant to the statute, the procedures will follow those enacted under the Surface Transportation Assistance Act, 49 U.S.C. 31105, including procedures, requirements, and rights.The SPA interim final rule was published February 6, 2013. Section 1558 of the Affordable Care Act, which added section 18C to the Fair Labor Standards Act, established a new whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees who engage in protected activities under the ACA. Pursuant to the statues, the procedures will follow those enacted under the Consumer Product Safety Improvement Act, 15 U.S.C. 2087(b), including remedies and legal burdens of proof provisions. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new statue. The ACA interim final rule was published February 27, 2013. Section 402 of FSMA provides protection from retaliation to employees of entities engaged in manufacturing, processing, packing, transporting, distribution, reception, holding, or importation of food who engage in protected activities under FSMA. Pursuant to the statute, the procedures will include remedies and legal burdens of proof provisions, and a "kick-out" provision allowing the complainant to file a complaint in District Court within 90 days after receiving a written determination from OSHA, or if the Secretary has not issued a final determination within 210 days after the filing of the complaint. 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 1985    29 CFR 1986    29 CFR 1987   
Legal Authority: PL 111-203, sec 1057, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010    PL 111-281, sec 611 of the Coast Guard Authorization Act of 2010, amending the Seaman's Protection Act, 46 USC 2114    21 USC 399d, PL 111-353, sec 402 of the FDA Food Safety Modernization Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule (SPA)  02/06/2013  78 FR 8390   
Interim Final Rule Comment Period End  04/08/2013 
Interim Final Rule (FSMA)  10/00/2013 
Interim Final Rule (DFA)  10/00/2013 
Final Action (SPA)  04/00/2014 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Beth S. Slavet
Director, Directorate of Whistleblower Protection Programs
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-4624,
Washington, DC 20210
Phone:202 693-2199
Email: slavet.beth@dol.gov