OSHA Issues Food Law Retaliation Rules

Food service workers and their employers now know the rules of the game for the government’s handling of retaliation complaints.

Last Monday the Occupational Safety and Health Administration published a final rule establishing procedures for handling retaliation complaints under the FDA Food Safety Modernization Act. The final rule also explains the burdens of proof, remedies and statute of limitations similar to other whistleblower protection statutes that OSHA administers.

The new regulations enforce Section 402 of FSMA, signed into law January 2011, which protects employees who disclose information about a possible violation of the Food, Drug and Cosmetic Act from retaliation by employers that manufacture, process, pack, transport, distribute, receive, hold or import food.

This law is one of 22 that OSHA has responsibility for enforcement of the prohibition against retaliation against workers who report violations of the law.

The agency last issued a set of rules on retaliation complaints under the Dodd Frank Wall Street Reform and Consumer Financial Protection Act of 2010.

Post=Script: This blog post was cited by attorney Jon Hyman in his weekly=wrap up on the Ohio Employer’s Law Blog.

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