OSHA Unified Agenda - [Final Rule Stage]

Title: Procedures for Handling Employee Discrimination Complaints Under the National Transit Systems Security Act of 2007; Surface Transportation Assistance Act of 1982, as Amended; and Federal Rail Safety A 

Abstract: OSHA will implement procedures for the handling and investigation of retaliation complaints pursuant to Section 1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007. This Act amended the Federal Rail Safety Act (FRSA), to establish a new whistleblower protection provision to be administered by OSHA that provides protections from retaliation to employees working for railroad carriers and their contractors and subcontractors who report potential violations or engage in certain activities related to safety and security. OSHA will implement procedures for the handling and investigation of retaliation complaints pursuant to Section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007. This Act established the National Transit Systems Safety Act (NTSSA), including a new whistleblower protection provision to be administered by OSHA that provides protection from retaliation to employees of public transportation agencies and their contractors and subcontractors who report potential violations or engage in certain activities related to safety and security. OSHA will amend 29 CFR 1978, the procedures applicable to the handling and investigation of whistleblower complaints under Section 405 of the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31105, to implement statutory changes enacted by Congress under section 1536 of the Implementing Recommendations of the 9/11 Commission Act of 2007, and to provide other procedural updates as needed. The statute provides retaliation protection to employees working for commercial motor carriers who report potential violations or engage in certain activities related to safety and security. Pursuant to these statutes, the rules will 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. Immediate implementation of these regulations is necessitated to govern whistleblower investigations conducted under the new and revised statutes. 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: First time published in the Unified Agenda 

Agenda Stage of Rulemaking: Final Rule Stage 

Major: No 

Unfunded Mandates: No 

CFR Citation: 29 CFR 1978 (To search for a specific CFR, visit the Code of Federal Regulations.) 

Legal Authority: PL 110-53, sec 1521, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC 20109; PL 110-53, sec 1413, The Implementing Recommendations of the 9/11 Commission Act of 2007; PL 110-53, sec 1536, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC 31105; ... 

Legal Deadline:  None

Timetable:

Action	Date	FR Cite
Interim Final Rule	08/00/2008
Interim Final Rule Comment Period End	10/00/2008

Regulatory Flexibility Analysis Required: No 

Government Levels Affected: Local, State 

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
FP Building N3610, 200 Constitution Avenue NW.,
Washington, DC 20210
Phone:202 693-2531
Fax:202 693-2369