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OSHA Issues Anti-Retaliation Rule for Food Safety Whistle-Blowers

4.20.16

The article, “OSHA Issues Anti-Retaliation Rule for Food Safety Whistle-Blowers,” featured on SHRM, discussed the wide reach of the Occupational Safety and Health Administration’s (OSHA’s) April 18 rule on protecting food safety whistle-blowers from retaliation.

Howard Mavity weighed in on the new rule.

This kick-out provision makes the final rule more complainant-friendly, said Howard. He said that whistle-blower investigators often conduct full investigations, which include onsite visits, and won’t be able to meet the deadlines.

In court, compensatory damages and attorney’s fees will be available, so most plaintiffs’ lawyers will find the procedures of this whistle-blower rule to be particularly appealing, Howard said.

Howard said Section 11(c) of the Occupational Safety and Health Act is the “catchall workhorse of safety and retaliation complaints.” He said he expected the food safety anti-retaliation provisions would be popular with plaintiffs as well.

To read the full article, please visit SHRM.

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