The U.S. Department of Labor’s Occupational Safety and Health Administration will add new whistleblower protections for food industry workers through an interim final rule, published in the Federal Register on Thursday, that establishes new procedures for handling retaliation complaints as part of the Food Safety Modernization Act.
Passed in 2011, FSMA included, among its many demands for food and agricultural safety checks, heightened whistleblower protections. The new interim rule establishes these required protocols. It allows a covered employee to file, within 180 days of alleged retaliation, a complaint with the Secretary of Labor. Upon receipt of the complaint, written notice will be provided to those named in the complaint detailing the allegations, evidence supporting the complaint, and the rights afforded to the respondent throughout the investigation. Within 60 days of receipt of the complaint, the complainant and respondent will have an opportunity to submit a response, meet with an investigator to present statements from witnesses, and conduct an investigation.
