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WASHINGTON – The Occupational Safety and Health Administration today published a final rule establishing procedures for handling retaliation complaints under the FDA
Food Safety Modernization Act. The final
rule also explains the burdens of proof, remedies and statute of limitations
similar to other whistleblower protection statutes that OSHA administers.
Section 402 of FSMA, signed into law January 2011, protects employees
who disclose information about a possible violation of the Food, Drug and
Cosmetic Act from retaliation by employers that manufacture, process, pack,
transport, distribute, receive, hold or import food.
“Food industry workers must never
be silenced by the threat of losing their jobs when their safety or the safety
of the public is at stake,” said Assistant Secretary of Labor for
Occupational Safety and Health Dr. David Michaels. “This rule underscores the
agency’s commitment to protect the rights of workers who report illegal activity
in their workplace.”
In 2014, OSHA
published an interim final rule and requested public comments. This final rule
responds to those comments, clarifies the agency’s policy regarding approval of
settlement agreements, and improves
consistency with the language of the statute, other OSHA whistleblower
regulations, and developments in applicable case law.
OSHA enforces the whistleblower provisions of the
Occupational Safety and Health Act and 21 other statutes protecting employees
who report violations of various workplace, commercial motor vehicle, airline,
nuclear, pipeline, environmental, railroad, public transportation, maritime,
consumer product, motor vehicle safety, health care reform, corporate
securities, food safety and consumer financial reform regulations. Additional
information is available at http://www.whistleblowers.gov.
Under the
Occupational Safety and Health Act of 1970, employers are responsible for
providing safe and healthful workplaces for their employees. OSHA’s role
is to ensure these conditions for America’s working men and women by setting
and enforcing standards, and providing training, education and assistance. For
more information, visit www.osha.gov.
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