A new financial whistleblower rule enforced by OSHA takes effect Friday.
The interim final rule, released Thursday, covers the whistleblower provisions of the Criminal Antitrust Anti-Retaliation Act, enacted in December 2020, according to a notice scheduled to appear Friday in the Federal Register.
The Occupational Safety and Health Administration is accepting comments on the rule through April 11.
The act prohibits retaliation by an employer against a “covered individual,” including employees and contract workers, who report violations of the Sherman Antitrust Act. The reports can be made to the federal government, a worker’s supervisors, or a person working for the employer who has the authority to investigate misconduct. There were no whistleblower provisions in the Sherman Act before the 2020 law.
Any worker who believes they were retaliated against may file a complaint with OSHA within 180 days of the alleged retaliation, the rule says.
OSHA’s whistleblower office must then conduct an investigation within 60 days of receipt of the complaint, after giving the alleged violator an opportunity to submit a written response and to meet with the investigator.
The person who filed the complaint can transfer the complaint to federal district court if OSHA doesn’t issue a final decision within 180 days of receiving the complaint, the rule says.
If the...
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