Employees may file complaints with the Agency for investigation alleging that their employer violated "whistleblower" protection provisions contained in certain statutes and regulations for which the Agency has investigatory responsibility. These whistleblower provisions prohibit retaliatory action by employers against employees who report alleged violations of certain laws or regulations or otherwise engage in protected activities specified by the whistleblower provisions.
US Code:
42 USC 300j-9(i)
Name of Law: Safe Drinking Water Act
US Code:
42 USC 5851
Name of Law: Energy Reorganization Act
US Code:
42 USC 6971
Name of Law: Solid Waste Disposal Act
US Code:
42 USC 7622
Name of Law: Clean Air Act
US Code:
49 USC 20109
Name of Law: Federal Railroad Safety Act
US Code:
6 USC 1142
Name of Law: National Transit Systems Security Act
US Code:
26 USC 7623d
Name of Law: Taxpayer First Act
US Code:
42 USC 9610
Name of Law: Comprehensive Environmental Response, Compensation and Liability Act
US Code:
49 USC 42121
Name of Law: Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
US Code:
49 USC 60129
Name of Law: Pipeline Safety Improvement Act
US Code:
29 USC 660(c)
Name of Law: Occupational Safety and Health Act
US Code:
15 USC 2651
Name of Law: Asbestos Hazard Emergency Response Act
US Code:
46 USC 80507
Name of Law: International Safe Container Act
US Code:
49 USC 31105
Name of Law: Surface Transportation Assistance Act
US Code:
49 USC 30171
Name of Law: Moving Ahead for Progress in the 21st Centry Act (MAP-21)
US Code:
15 USC 2087
Name of Law: Consumer Product Safety Improvement Act
US Code:
46 USC 2114
Name of Law: Seaman's Protection Act
US Code:
12 USC 5567
Name of Law: Consumer Financial Protection Act, Section 1057 of the Dodd- Frank Wall Street Reform and Consumer P
US Code:
29 USC 218(c)
Name of Law: Affordable Care Act
PL:
Pub.L. 111 - 281 611
Name of Law: Coast Guard Authorization Act of 2010
US Code:
21 USC 339d
Name of Law: FDA Food Safety and Modernization Act
US Code:
18 USC 1514A
Name of Law: Sarbanes-Oxley Act
US Code:
33 USC 1367
Name of Law: Federal Water Pollution Control Act
US Code:
15 USC 2622
Name of Law: Toxic Substances Control Act
US Code: 26 USC 7623d Name of Law: Taxpayer First Act
OSHA is requesting a non-substantive change to the currently approved collection of information requirements contained in âRegulations Containing Procedures for Handling of Retaliation Complaints,â to add a recently enacted whistleblower statute to this Information Collection Request (ICR).
OSHA anticipates an increase in burden hours due to the recent enactment of Section 1405(b) of the Taxpayer First Act (TFA), P.L. 116-25, âProtection Against Retaliation,â codified at 26 U.S.C. 7623(d), âCivil Action to Protect Against Retaliation Cases.â Since its enactment, OSHA has received four TFA complaints. As the public becomes more aware of the protections under this statute, OSHA estimates that filings will increase. OSHA estimates that 50 employees will take 1 hour to file complaints under this statute annually. OSHA is therefore requesting a program increase of 50 burden hours.
As indicated in the currently-approved ICR (ICR Reference No. 201705-1218-001(05/31/17), the Agency estimates that it receives 7,516 retaliation complaints annually. With the addition of the 50 burden hours, for purposes of this non-substantive change, OSHA estimates that employees file 7,566 complaints annually.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
TFA Paperwork Update 8.14.19 158pm.doc
TFA US Code (002).pdf
No Material or nonsubstantive request - Screen Shots.docx
Regulations Containing Procedures for Handling of Retaliation Complaints