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Dairy Facts 2016

OSHA Finalizes FSMA Whistleblower Protections Rule

Apr 27, 2016

The Occupational Safety and Health Administration last week published its final rule detailing employee-protection provisions for whistleblowers under the Food Safety Modernization Act. The rule explains burdens of proof, remedies and statutes of limitations for complaints of retaliation against employees who expose food safety violations in regulated facilities.

Hogan Lovells US LLP, IDFA’s outside legal counsel, has prepared a memorandum for members that explains the final rule in more detail. Members may login to read “OHSA Finalizes FSMA Whistleblower Protection Regulations.”

Section 402 of the Food Safety Modernization Act protects employees who disclose information about a possible violation of food safety laws from retaliation by employers that manufacture, process, pack, transport, distribute, hold or import food. In 2014, OSHA published an interim final rule and requested public comments. The final rule became effective April 16, 2016.

OSHA is charged with enforcing the whistleblower-protection provisions of the Occupational Safety and Health Act, as well as 21 other statutes, including food safety regulations. 

Read “Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act.”

For more information, contact, Emily Lyons, IDFA director of regulatory affairs and counsel, at

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