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OSHA Setting Whistleblower Procedures for Complaints Under Seaman Protection Act

Posted in on Fri, Mar 1, 2013

OSHA seeks comments on the interim final text of regulations governing the employee protection (whistleblower) provisions of the Seaman’s Protection Act, as amended by Section 611 of the Coast Guard Authorization Act of 2010, which transferred to OSHA the administration of the whistleblower protections previously enforced only through private right of action.  The interim rule establishes procedures and time frames for the handling of retaliation complaints under SPA, including procedures and time frames for employee complaints to OSHA, investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) on behalf of the Secretary of Labor, and judicial review of the Secretary’s final decision.  The interim final rule became effective on February 6, 2013.  Comments are due April
8, 2013.

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