On Wednesday, the Occupational Safety and Health Administration (OSHA) posted its interim final rule regarding the employee protection (whistleblower) provision of the Food Safety Modernization Act (FSMA) to the Federal Register. Section 402 of the act ensures that employees of an “entity engaged in the manufacture, processing, packing, transporting, distribution, reception, holding, or importation of food” are protected against retaliation for reporting a violation of the act or testifying in a proceeding about a violation. The OSHA rule establishes the procedures and timeframes for handling retaliation complaints as part of FSMA. A covered employee has 180 days to file a complaint with the Secretary of Labor, written notice of the allegations is provided to those named in the complaint, and an investigation follows. After investigating a complaint, the Secretary will issue written findings and the complainant and respondent have 30 days to file objections to the findings and/or preliminary order and request a hearing before an administrative law judge. The interim final rule was effective as of Feb. 13, 2014, and comments and additional materials can be submitted until April 14, 2014.
