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DOL/OSHA RIN: 1218-AC47 Publication ID: Spring 2011 
Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of the Consumer Product Safety Improvement Act (CPSIA) of 2008 
Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section 219 of the Consumer Product Safety Improvement Act of 2008. This section established a new whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees in the consumer product industry, including employees of manufacturers, importers, private labelers, distributors and retailers, who report reasonably believed violations of the Consumer Product Safety Act or any other Act enforced by the Consumer Product Safety Commission, or any order, rule, regulation, standard, or ban under those Acts. Pursuant to the statute, the procedures will include remedies and legal burdens of proof provisions. Additionally, the Act includes a "kick-out" provision that allows the complainant to file the complaint in District Court if the Secretary has not issued a final determination within 210 days, or within 90 days after receiving a written determination. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new statute. 
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 1983   
Legal Authority: PL 110-314, sec 219, the Consumer Product Safety Improvement Act of 2008    15 USC 2087   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  08/31/2010  75 FR 53533   
Interim Final Rule Effective  08/31/2010    
Interim Final Rule Comment Period End  11/01/2010    
Final Action  11/00/2011    
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:
Nilgun Tolek
Director, Office of the Whistleblower Protection Program
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-3610,
Washington, DC 20210
Phone:202 693-2531
Fax:202 693-2369