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ARTICLE · 12 FEBRUARY 2013

OSHA Issues Interim Final Rule On SPA Whistleblower Protections

Littler Mendelson
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The Occupational Safety and Health Administration has issued an interim final rule and request for comments on regulations implementing the whistleblower protection provisions set forth in the Seaman’s Protection Act as amended by Section 611 of the Coast Guard Authorization Act of 2010.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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The Occupational Safety and Health Administration (OSHA) has issued an interim final rule and request for comments on regulations implementing the whistleblower protection provisions set forth in the Seaman’s Protection Act (SPA) as amended by Section 611 of the Coast Guard Authorization Act of 2010. Section 611 gave OSHA the authority to administer the SPA’s whistleblower protections. OSHA enforces the whistleblower provisions in 22 statutes, including the SPA. The whistleblower provisions in the SPA protect a seaman from retaliation because the seaman has “engaged in protected activity pertaining to compliance with maritime safety laws and accompanying regulations.”

The interim rule establishes procedures and timeframes for processing whistleblower complaints under the SPA, investigating such complaints, and appealing OSHA determinations to an administrative law judge for a hearing de novo and ultimately, if needed, to federal court. The rule also adopts a broad definition of

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