OSHA has published the interim final text of regulations governing the employee protection (or whistleblower) provisions of the Consumer Financial Protection Act of 2010, or CFPA, Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
This rule establishes procedures and time frames for the handling of retaliation complaints under CFPA, including:
- procedures and time frames for employee complaints to OSHA,
- investigations by OSHA,
- appeals of OSHA determinations to an administrative law judge, or ALJ, for a hearing de novo,
- hearings by ALJs,
- review of ALJ decisions by the Administrative Review Board (acting on behalf of the Secretary of Labor), and
- judicial review of the Secretary’s final decision.
CFPA protects individuals who provide information to their employer, to the Consumer Financial Protection Bureau, or CFPB, or to any other Federal, State, or local government authority or law enforcement agency relating to any violation of (or any act or omission that the employee reasonably believes to be a violation of) any provision of CFPA or any other provision of law that is subject to the jurisdiction of the CFPB, or any rule, order, standard, or prohibition prescribed by the CFPB. CFPA also protects individuals who object to, or refuse to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believes to be in violation of any law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the CFPB.