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Occupational Safety and Health Administration

DOL/OSHA

RIN: 1218-AC47

Publication ID: Fall 2010

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

Legal Authority: PL 110-314, sec 219, the Consumer Product Safety Improvement Act of 2008; 15 USC 2087

Legal Deadline: None

Timetable:

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