WASHINGTON – The Occupational Safety and Health
Administration has published a final
rule that establishes procedures and time frames for handling whistleblower
complaints under the Affordable Care Act (ACA). The ACA protects employees from
retaliation for receiving Marketplace financial assistance when purchasing
health insurance through an Exchange. It also protects employees from
retaliation for raising concerns regarding conduct that they believe violates
the consumer protections and health insurance reforms found in Title I of the
ACA.
This rule also
establishes procedures and time frames for hearings before Department of Labor
administrative law judges in ACA retaliation cases; review of those decisions
by the Department of Labor Administrative Review Board; and judicial review of
final decisions.
“This rule
reinforces OSHA’s commitment to protect workers who raise concerns about
potential violations of the consumer protections established by the Affordable
Care Act or who purchase health insurance through an Exchange,” said Assistant
Secretary of Labor for Occupational Safety and Health Dr. David Michaels.
In 2013, OSHA published an interim final rule
and requested public comments. The final rule responds to the comments and
updates the rule to clarify the protections for workers who receive financial
assistance when they purchase health insurance through an Exchange.
OSHA’s
Affordable Care Act fact sheet provides more information regarding who is
covered under the ACA’s whistleblower protections, protected activity, types of
retaliation, and the process for filing a complaint and is available at http://www.whistleblowers.gov/factsheets_page.html.
OSHA enforces
the whistleblower provisions of the Occupational Safety and Health Act and 21
other statutes. These provisions protect employees from retaliation for
reporting violations of various laws by their employers and for engaging in
related activities. Additional information is available on OSHA’s Whistleblower Protection Programs webpage.
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.
# # #
|