OSHA issues final rule on retaliation, whistleblowing

WASHINGTON – The Occupational Safety and Health Administration today issued a final rule establishing procedures and time frames for handling employee retaliation complaints under the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA). The final rule is effective Nov. 9, 2015.

NTSSA establishes protections against retaliation for public transportation agency employees who engage in whistleblowing activities related to public transportation safety or security. FRSA provides protections against retaliation for railroad carrier employees who report a work-related injury or engage in other whistleblowing activities related to railroad safety or security. These protections extend to employees of contractors and subcontractors who do work for public transportation agencies and railroad carriers.

Both provisions were enacted by the 9/11 Commission Act of 2007. FRSA was amended in 2008 to prohibit railroad carriers from denying, delaying or interfering with employees’ medical or first aid treatment. The FRSA amendments also require that injured employees be promptly transported to the nearest hospital upon request.

“Railroad workers have the right to report injuries and to follow their doctor’s treatment plans for injuries sustained in the course of their employment without fearing that they will be retaliated against,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Railroad and public transit agency workers must never be silenced by the threat of losing their job when their safety or the safety of the public is at stake.”

In 2010, OSHA published an interim final rule and requested public comments. The final rule responds to the comments, incorporates recent case law under the statutes and updates the rules to improve both employees’ and employers’ access to information about the case during OSHA’s investigation and their ability to participate in OSHA’s investigation.

OSHA’s Whistleblower Protection for Public Transportation Agency Workers* and Whistleblower Protection for Railroad Workers* fact sheets explain who is covered under the acts, protected activity, types of retaliation and the process for filing a complaint.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various securities, commercial motor vehicle, airline, nuclear power, pipeline, environmental, rail, maritime, health care, workplace safety and health, and consumer product safety laws and regulations. For more information, please visit www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.