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# OSHA Issues Interim Final Rule on FSMA Whistleblower Protections
- URL: https://www.foodsafetynews.com/2014/02/interim-final-rule-issued-on-fsma-whistleblower-protections/
- Published: 2014-02-14T06:03:11.000Z
- Updated: 2018-07-31T01:59:12.000Z
- Author: Lydia Zuraw
- Tags: Food Policy & Law, Government Agencies, FSMA, OSHA, whistleblower, #wp, #wp-post, #Import 2025-11-25 08:58

[![](http://foodsafetynewsfullservice.marlersites.com/files/2014/02/Fired_406x250-1.jpg "Fired_406x250")](http://foodsafetynewsfullservice.marlersites.com/files/2014/02/Fired%5F406x250-2.jpg?ref=foodsafetynews.com)

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](http://www.regulations.gov/?ref=foodsafetynews.com#!documentDetail;D=OSHA%5FFRDOC%5F0001-0496). [Section 402](http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm247548.htm?ref=foodsafetynews.com#SEC402) 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.