View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOL/OSHA

RIN: 1218-AC58

Publication ID: Fall 2011

Title: Procedures for the Handling of Retaliation Complaints Under The Affordable Care Act; The Consumer Financial Protection Act; The Seaman's Protection Act; and the FDA Food Safety Modernization Act
Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to new whistleblower protection provisions of four statutes: (1) section 1558 of the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act or ACA), which added section 18C to the Fair Labor Standards Act (FLSA); (2) the Consumer Financial Protection Act (CFPA), section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (DFA); (3) the Seaman's Protection Act, 46 U.S.C. section 2114 (SPA); and (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. Section 18C of the FLSA provides protection from retaliation to employees who engage in protected activities under the ACA. Pursuant to the statute, the procedures will follow those enacted under the Consumer Product Safety Improvement Act, 15 U.S.C 2087(b) and will include the same remedies, legal burdens of proof and other rights. 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. 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 1984 29 CFR 1985 29 CFR 1986 29 CFR 1987
Legal Authority: 29 USC 218C, FLSA sec 18C, PL 111-148, sec 1558, Patient Protection and Affordable Care Act of 2010 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	07/00/2012

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: Sandra Dillon 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 Email: dillon.sandra@dol.gov