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ARTICLE · 24 MARCH 2016

OSHA Releases Final Dodd-Frank Whistleblower Regulations

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OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 ("CFPA").

United StatesEmployment and HR
Steven Pearlman
Steven Pearlman
Emilie Adams
Emilie Adams
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OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 ("CFPA"). The following are the key features of the rule:

  • Deadline for Filing a Complaint: A complaint must be filed within 180 days of the alleged retaliation. OSHA's rule notes that such a complaint need not conform to the pleading standards for complaints filed in federal district court. 29 CFR Part 1985.103. Instead, the complaint must only "alert[] OSHA to the existence of the alleged retaliation and the complainant's desire that OSHA investigate the complaint."
  • Investigation of Complaints: After a complaint is filed, OSHA will conduct a confidential investigation to determine whether there is reasonable cause to believe that retaliation has occurred. OSHA only will investigate if the complaint states a prima facie case that the protected activity was a contributing factor in the adverse employment action. Even if OSHA

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