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OSHA Seeks Comment on Handling Retaliation Complaints under Sarbanes-Oxley

Posted in on Tue, Dec 20, 2011

By interim final rule, OSHA is amending regulations governing employee protection (retaliation or whistleblower’) claims under section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002, which was amended by sections 922 and 929A of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 enacted on July 21, 2010. Public Law 111-203.  These revisions clarify the procedures for handling Sarbanes-Oxley whistleblower complaints and implement statutory changes enacted into law as part of the 2010 statutory amendments. These changes to the Sarbanes-Oxley whistleblower regulations also make the procedures for handling retaliation complaints under Sarbanes-Oxley more consistent with OSHA’s procedures for handling complaints under the employee protection provisions of the Surface Transportation Assistance Act of 1982, 29 CFR part 1978; the National Transit Systems Security Act and the Federal Railroad Safety Act, 29 CFR part 1982; the Consumer Product Safety Improvement Act of 2008, 29 CFR part 1983; and the Employee Protection Provisions of Six Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as amended, 29 CFR part 24.  The interim final rule is effective on November 3, 2011.  Comments are due January 3, 2012.  http://www.gpo.gov/fdsys/pkg/FR-2011-11-03/html/2011-28274.htm

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