The Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) proposes to amend its regulations at 10 C.F.R. Part 708. The Part 708 regulations prohibit DOE’s contractors from retaliating against their employees for engaging in protected activity, such as disclosing dangers to public or worker health or safety, substantial violations of law, or gross mismanagement. Should a contractor employee believe he/she was subject to retaliation, Part 708 entitles him/her to file a complaint with the DOE Employee Concerns Program, and if the complaint meets the regulatory requirements, it will be forwarded to OHA for a full investigation and a hearing before an Administrative Judge. The Administrative Judge’s decision is subject to an appeal to the OHA Director, followed by a petition for review by the Secretary of Energy. If the employee’s complaint of retaliation is substantiated, the employee may be entitled to remedies including reinstatement, back pay, and reimbursement of costs and expenses.

The proposed amendments would help to ensure clarity and consistency in DOE’s administration of the Contractor Employee Protection Program, including by clarifying what kinds of disclosures are covered by Part 708, encouraging the use of alternative dispute resolution services, authorizing the processing of a complaint to be tolled when parties use alternative dispute resolution services, allowing agency officials to grant extensions to file or amend a complaint for good reason, providing clearer deadlines for parties and agency officials, formalizing requirements regarding the submission of confidential information, and clarifying the role of the Administrative Judge in hearings.