View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOL/OSHA RIN: 1218-AC88 Publication ID: Spring 2017 
Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Moving Ahead for Progress in the 21st Century Act 

Occupational Safety and Health Administration (OSHA) is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section 31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). This section protects employees from retaliation by motor vehicle manufacturers, part suppliers, and dealerships for providing information to the employer of the U.S. Department of Transportation about motor vehicle defects, noncompliance, or violations of the notification or reporting requirements enforced by the National Highway Traffic Safety Administration or for engaging in related protected activities as set forth in the provision. Pursuant to this statute, the rules set forth the procedures for handling and investigating retaliation complaints, including a statutory "kick-out" provision allowing the complainant to file the complaint in district court if the Secretary of Labor has not issued a final decision within 210 days of the filing of the complaint. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under this new statute.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 1988   
Legal Authority: 49 U.S.C. 30170 (Pub. L. 112-141)   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  03/16/2016  81 FR 13976   
Interim Final Rule Effective  03/16/2016 
Interim Final Rule Comment Period End  05/16/2016 
Final Rule  12/14/2016  81 FR 90196   
Final Rule Effective  12/14/2016 
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:
Mary Ann Garrahan
Director, Directorate of Whistleblower Protection Programs
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-4618,
Washington, DC 20210
Phone:202 693-2199
Fax:202 693-2403