Procedures for the Handling of Retaliation Complaints under Section 1558 of the Affordable Care Act of 2010

Docket ID: OSHA-2011-0193
Agency: Occupational Safety and Health Administration (OSHA)
Parent Agency: Department of Labor (DOL)

OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section 1558 of the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act or ACA). This section established a new whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees in the health care industry who engage in protected activities under the ACA. Pursuant to the statute, the procedures follow those enacted under the Consumer Product Safety Improvement Act, 15 U.S.C. 2087(b), including remedies and legal burdens of proof provisions. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new statute. The ACA interim final rule was published February 27, 2013.

RIN: 1218-AC79
Impacts and Effects: None
CFR Citation: 29 CFR 1984
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2016
Agenda Stage of Rulemaking: Final Rule
Major Rule: No
Legal Authorities: 29 U.S.C. 218C, FLSA sec 18C, Pub. L. 111-148, sec 1558, the Patient Protection and Affordable Care Act of 2010
Legal Deadlines: None
Government Levels Affected: No
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
Interim Final Rule02/27/201378 FR 13222
Interim Final Rule Effective02/27/2013
Interim Final Rule Comment Period End04/29/2013
Final Rule11/00/2016
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Type: Rulemaking
Subtype: Miscellaneous

Primary Documents

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Comment Period Closed
Apr 29, 2013 11:59 PM ET
Posted: 02/27/2013
ID: OSHA-2011-0193-0001

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Agency Contact
Mary Ann Garrahan
Director, Directorate of Whistleblower Protection Programs
202 693-2199
202 693-2403 (Fax)
200 Constitution Avenue NW., FP Building, Room N-4618
Washington, DC 20210
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.