According to a news release, the recently published interim final rule focuses on complaints of retaliation under the Criminal Antitrust Anti-Retaliation Act (CAARA), enacted December 23, 2020. The new interim final rule  took effect on February 10. It outlines “procedures and timeframes” for handling any complaints of retaliation under CAARA.

OSHA classifies retaliation as an adverse action against a covered individual because of activity protected by CAARA. Retaliation can include loss of one’s job, demotion, intimidation and harassment amongst other actions. If any employee participates in a protected activity under CAARA, they are safe from these retaliations by their employer.

Protected activities include providing information to employers, the Federal Government or any employee who has authority to investigate misconduct regarding a violation of the antitrust laws or another criminal law being committed in conjunction with a potential violation of antitrust laws. Specifically, employees, contractors and agents of an employer are considered covered individuals.

Subsequently, OSHA is accepting public comments on the rule until April 23, 2023. Those interested can submit comments online on the Federal eRulemaking Portal, Docket Number OSHA-2021-0011.

For more information and instructions regarding filing a complaint with OSHA under the Criminal Antitrust Anti-Retaliation Act, view the fact sheet about Whistleblower Protection for Reporting Criminal Antitrust Violations.