OSHA issues whistleblower retaliation complaint final rule

The Occupational Safety and Health Administration (OSHA) has issued its final rule establishing procedures for handling whistleblower complaints under the Consumer Financial Protection Act of 2010 (CFPA). Employees who report violations of consumer financial protection laws to their employers, the Consumer Financial Protection Bureau, law enforcement or any other regulatory agency are protected against retaliation under section 1057 of the CFPA.

"Whistleblowers serve as a check on the government and business, shining a light on illegal, unethical or dangerous practices that otherwise may go uncorrected," says David Michaels, assistant secretary of labor for occupational safety and health. "This final rule protects employees of private financial institutions and businesses who stand up for what is right when the integrity of our financial system is being threatened."

The final rule establishes procedures, burdens of proof, remedies and statutes of limitations similar to other whistleblower protection statutes administered by OSHA. The rule implements statutory requirements created by Congress and does not create new obligations for employers or employees.