OSHA Publishes Final Rule About Handling Employee Complaints Under the Moving Ahead for Progress in the 21st Century Act

Thursday, December 15, 2016
The Occupational Safety and Health Administration has published a final rule (https://www.federalregister.gov/documents/2016/12/14/2016-29914/procedures-for-handling-retaliation-complaints-under-section-31307-of-the-moving-ahead-for-progress) establishing procedures and time frames for handling employee retaliation complaints under the Moving Ahead for Progress in the 21st Century Act (MAP-21). The final rule is effective December 14, 2016.

MAP-21, enacted July 6, 2012, protects employees of automobile manufacturers, part suppliers and car dealerships who have been discharged or otherwise retaliated against for providing information concerning motor vehicle defects or violations of motor vehicle safety standards to their employer or the Secretary of Transportation.

In March, OSHA published an interim final rule and requested public comments. The one comment received did not require the agency to make revisions to the rule.

OSHA's fact sheet, Filing Whistleblower Complaints under the Moving Ahead for Progress in the 21st Century Act (MAP-21) (https://www.osha.gov/Publications/OSHA3716.pdf), provides additional details for workers in this industry who have faced retaliation for reporting car safety violations, and instructions on how to file a complaint with OSHA under MAP-21.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, maritime, health care, workplace safety and health regulations, and consumer product safety laws.
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