OSHA Publishes Interim Final Rule for Addressing Criminal Antitrust Anti-Retaliation Complaints

The interim final rule, which became effective on February 10, 2023, defines procedures and timeframes for handling employee retaliation complaints under the Criminal Antitrust Anti-Retaliation Act (CAARA). CAARA was enacted on December 23, 2020, to protect individuals who report potential criminal antitrust violations as well as those who testify, participate, or assist in certain federal government investigations or proceedings related to criminal antitrust violations. Under CAARA, whistleblowers are protected against retaliation when they provide information to an employer or the federal government about price fixing, bid rigging, or market allocation schemes between competitors, or when they report violations of other criminal laws committed in conjunction with potential violations of criminal antitrust laws.

The Occupational Safety and Health Administration, which is a part of the US Department of Labor, is working with the US Department of Justice to enforce CAARA. The Department of Labor and the Department of Justice are also working alongside other agencies to prohibit anti-competitive behavior by employers.

OSHA is accepting comments from the public regarding the interim final rule until April 23, 2023. Comments can be submitted online at the Federal eRulemaking Portal. For more information about the CAARA, including instructions for filing a complaint with the Occupational Safety and Health Administration, review the fact sheet on Whistleblower Protection for Reporting Criminal Antitrust Violations.

There are a variety of state and federal laws that protect whistleblowers for reporting unlawful and unethical workplace practices. In fact, OSHA enforces over 20 of these laws. Even though legal protections are in place, it is often a difficult and intimidating decision to report concerns. While nobody wants to hear that unlawful activity is occurring within their organization, whistleblowers play an important role in maintaining an organization’s wellbeing. In addition to reminding individuals of their legal protections, organizations can encourage potential whistleblowers by implementing a secure and anonymous reporting mechanism such as Red Flag Reporting. When unethical behavior is reported, damage can be minimized.

Learn how to avoid retaliation claims here.