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OSHA Invites Comments for Interim Final Rule on Retaliation Issues from Reporting FSMA Violations

F Marie Athey OHST

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F Marie Athey OHST | March 27, 2014 | Comments Off on OSHA Invites Comments for Interim Final Rule on Retaliation Issues from Reporting FSMA Violations


OSHA has published an interim final rule covering the procedures and time frame that will guide employees on how the industry can handle retaliation complaints filed under the Food Safety Modernization Act. The proposed rulemaking is open for public comments until April 14, 2014.

OSHA’s interim final rule will implement investigation procedures, recommendations and statutes of limitations just like the statutes established by OSHA for its whistleblower protection programs. Citizens who would like to view the proposed rule and to submit comments electronically can visit or send a mail or fax to the Federal Register.

The FSMA was signed by President Obama in January 2011. According to the Food and Drug Administration, the FSMA was created to ensure that American citizens were consuming safe food by shifting the focus of the whole food safety industry from responding to contamination to preventing it. The law also provides employees who report employers for ill food safety practices that violate the Food, Drug and Cosmetic Act from employer retaliation. The FSMA covers companies that manufacture, process, pack, transport, distribute, store, export and import food.

The OSHA Act of 1970 has been established by the Department of Labor to create OSHA to ensure that the rights of American workers to a safe and healthful workplace. OSHA regulates a wide range of industries by conducting site inspections, providing educational and training resources, and creating and implementing standards which ensure the safety of American workplaces.

The U.S. FDA has conducted its first public meeting last week to gather comments on its proposed rulemaking on intentional adulteration of food materials under the FSMA. FDA’s Deputy Commissioner Michael Taylor said that while at first the topic may seem irrelevant in terms of determining where hazards come from, it still remains “in line with the basic principles that underlie FSMA.” is an industry leader in providing HAZWOPER courses online and OSHA Outreach Training Courses. Visit the company’s website for more industry tips and updates for Construction and General Industry workers.

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