photo of word retaliation in a dictionary, spaced out for pronunciation

OSHA Publishes Interim Final Rule on Retaliation Complaints Associated with Criminal Antitrust Anti-Retaliation Act

The new interim final rule, open for public comment, concerns “procedures and timeframes.”

A recently published interim final rule focuses on complaints of retaliation under an act meant to protect whistleblowers.

According to a news release, the new interim final rule, published by OSHA on February 10, outlines “procedures and timeframes” for any complaints of retaliation stemming from the Criminal Antitrust Anti-Retaliation Act (CAARA).

Retaliation from an employer includes more than just being fired. It can also involve actions like demotions, losing benefits, harassment, a decrease in pay or threats.

If an employee participates in a protected activity, under CAARA, which has been in place since Dec 2020, they are safe from retaliation by their employer.

These protected activities include reporting information on or partaking in a criminal process involving a violation of antitrust laws (“price fixing, bid rigging or market allocation schemes”) or “a violation of another criminal law committed in conjunction with a potential violation of the criminal antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of those laws,” according to OSHA.

The interim final rule is open to the public for comment until April 23, 2023. Those interested can comment on the Federal eRulemaking Portal, Docket Number OSHA-2021-0011.

About the Author

Alex Saurman is a former Content Editor for Occupational Health & Safety,who has since joined OH&S’s client services team. She continues to work closely with OH&S’s editorial team and contributes to the magazine.

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