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OSHA Proposes Revised Regulations of Whistleblower and Retaliation Claims under SOX

November 11, 2011

On November 3, 2011, the Labor Department’s Occupational Safety and Health Administration (OSHA) published an interim final rule (Interim Rule) revising its regulations regarding retaliation and whistleblower claims under the Sarbanes Oxley Act of 2002 (SOX).

The Interim Rule’s stated purpose is to reflect the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) amendments to SOX’s whistleblower provisions and to change the procedure for handling SOX whistleblower claims to make them more consistent with procedures under other OSHA-administered whistleblower statutes.

The revised regulations would account for the substantive changes made to SOX’s whistleblower provisions by Dodd-Frank.  These substantive changes include:

Additional proposed revisions include miscellaneous changes in terminology that have no substantive effect:

OSHA is soliciting public comments on the Interim Rule.  Comments must be submitted by January 3, 2012, and can be submitted electronically at http://www.regulations.gov, or by mail or fax.  A final rule will be published after OSHA receives and reviews the public comments.

Please contact Kurt McCamman if you have any questions or would like to further discuss the proposed changes.