Get access to the exclusive HR Resources you need to succeed in 2018.
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 14 cities across the U.S. this fall.
Gain the skills you need to rise to the next level in your career. Jon us at SHRM's Leadership Development Forum, October 2-3 in Boston.
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
The Occupational Safety and Health Administration (OSHA) issued new whistle-blower protections and established new procedures for handling retaliation complaints for food industry workers as part of the Food Safety Modernization Act.
The interim final rule was published in the Feb. 13, 2014, Federal Register.
The act was signed into law January 4, 2011, and called for protection against retaliation of employees engaged in “the manufacture, processing, packing, transporting, distribution, reception, holding, or importation of food” from reporting food safety violations or testifying in a proceeding about a violation.
The act’s whistle-blower provisions include procedures that allow a covered employee to file a complaint within 180 days of the alleged retaliation. Upon receipt of the complaint, OSHA will provide written notice to the person or persons named in the complaint of the filing, the allegations contained in the complaint, the substance of the evidence supporting the complaint, and the rights afforded 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.
If OSHA finds there is reasonable cause to believe that retaliation occurred, the accused company will face a preliminary order requiring it to: take affirmative action to abate the violation; reinstate the complainant to his former position together with the compensation of that position (including back pay) and restore the terms, conditions, and privileges associated with his employment; and provide compensatory damages to the complainant, as well as all costs and expenses (including attorney fees and expert witness fees).
Both parties will have 30 days to file objections to the findings or preliminary order and request an additional hearing. A final order will be issued within 120 days of that final hearing.
Employers should review their whistle-blower and anti-retaliation policies, which should include a clear internal complaint process and supervisor training on how to handle employee claims.
In December 2013, OSHA announced an online complaint form as an expedited way to report retaliation. Detailed information on employee whistle-blower rights, including fact sheets and instructions on how to submit the form is available at www.whistleblowers.gov.Roy Maurer is an online editor/manager for SHRM.
Follow him @SHRMRoy
SHRM OnlineSafety & Security page
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
Become a SHRM Member
SHRM’s HR Vendor Directory contains over 10,000 companies