OSHA Procedures for the Handling of Retaliation Complaints under Section 219 of the Consumer Product Safety Improvement Act of 2008

This new rule from the Occupational Safety and Health Administration (OSHA) establishes the finalized procedures for the handling of retaliation complaints under Section 219 of the Consumer Product Safety Improvement Act (CPSIA) of 2008. OSHA responded to comments from The National Whistleblower Center (NWC), the Government Accountability Project (GAP), and Todd Miller requesting provision clarifications and a focus on creating an even playing field through filing retaliation complaints. Responses to the comments concluded in this ruling that establishes the final procedures for the handling of retaliation complaints under CPSIA, thereby including procedures and time frames for complaint investigations and subsequent judicial processes. Beyond some minor clarifications, OSHA revised the interim final rule to solidify a more expeditious investigation and hearing process for employees seeking protection from retaliation.

See Procedures for the Handling of Retaliation Complaints under Section 219 of the Consumer Product Safety Improvement Act of 2008, Final Rule, 77 Fed. Reg. 40494-40509, 40494 (July  10, 2012) (to be codified at 29 C.F.R. pt. 1983).

(Development authored by Lorna Lunney)

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