Key Takeaways:

• OSHA has proposed an interim rule that establishes procedures for handling retaliation complaints under the Criminal Antitrust Anti-Retaliation Act.
• Under the rule, employees and contractors are protected from retaliation for providing information regarding violations of federal antitrust and related criminal laws or participating or assisting in an investigation or proceeding relating to such violations.
• OSHA is accepting comments on the new interim rule until April 11, 2023.

The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes procedures and timeframes for workers to file retaliation complaints under the Criminal Antitrust Anti-Retaliation Act (“CAARA”). CAARA, enacted in December 2020, prohibits employers from retaliating against their employees, contractors, or agents for reporting violations of Sherman Antitrust Act ("Sherman Act") or violations of other criminal laws committed in conjunction with the Sherman Act violations. The new interim rule will enforce the whistleblower provisions of CAARA.

The interim final rule prohibits employers from retaliating against covered individuals for providing information to the Federal Government, to supervisors, or to any employee who has authority to investigate misconduct regarding a violation of the antitrust laws or another criminal law committed...

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