Subpart A
Under 1982.100, the purpose of Part 1982 is to implement procedures for handling employee retaliation complaints under the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA). This part sets out how complaints are submitted, investigated, and resolved and provides the Secretary's interpretations of those statutes. See 1982.100(a) and 1982.100(b).
Under 1982.100(a), Part 1982 implements the procedures of the National Transit Systems Security Act (NTSSA), 6 U.S.C. 1142, and the Federal Railroad Safety Act (FRSA), 49 U.S.C. 20109, as amended. See 1982.100(a) and the part summary at 1982.
Under 1982.100(a), NTSSA protects employees from retaliation for engaging in protected activity related to public transportation safety or security, and it also covers employees who are perceived to have engaged or to be about to engage in such protected activity. See 1982.100(a).
Under 1982.100(a), the FRSA protects employees from retaliation for engaging in protected activity related to railroad safety or security; it also protects employees who request medical or first aid treatment, or who follow orders or a treatment plan of a treating physician, and it protects employees from delay, denial, or interference with first aid or medical treatment for a workplace injury. See 1982.100(a).
Under 1982.100(a), yes—both NTSSA and FRSA include protection for employees who are perceived to have engaged or to be about to engage in protected activity. This means an employer cannot retaliate based on a belief or perception that an employee engaged in protected conduct. See 1982.100(a).
Under 1982.100(a), yes—requesting medical or first aid treatment is specifically protected under the FRSA when related to workplace injury or conditions. See 1982.100(a).
Under 1982.100(a), yes—the FRSA protects employees against delay, denial, or interference with first aid or medical treatment for a workplace injury. Employers must not obstruct or prevent timely treatment. See 1982.100(a).
Under 1982.100(b), retaliation complaints may be filed by employees themselves or by persons acting on their behalf. This allows employees to have representatives submit complaints when appropriate. See 1982.100(b).
Under 1982.100(b), Part 1982 establishes procedures for the expeditious handling of retaliation complaints, including submission of complaints, investigations, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges, post‑hearing administrative review, and withdrawals and settlements. See 1982.100(b).
Under 1982.100(b), the rules in Part 1982 work together with those codified at 29 CFR part 18 to set forth procedures for hearings, objections, and administrative review; Part 18 contains the general adjudicative procedures that apply to cases under Part 1982. See 1982.100(b).
Under 1982.100(b), yes—this part sets forth the Secretary's interpretations of NTSSA and FRSA on certain statutory issues, which helps clarify how the statutes will be applied in complaint proceedings. See 1982.100(b).
Under 1982.100(b), yes—Part 1982 includes procedures for withdrawals and settlements of retaliation complaints, so parties can resolve matters short of a final administrative decision when appropriate. See 1982.100(b).
Under 1982.100(b), OSHA can issue findings and preliminary orders as part of the complaint process; those actions can lead to further litigation before administrative law judges and administrative review. See 1982.100(b).
Under 1982.100(a), yes—Part 1982 applies to employees covered by the NTSSA (public transportation safety and security) and employees covered by the FRSA (railroad safety and security). See 1982.100(a).
Under 1982.100(b), yes—persons acting on an employee's behalf may file retaliation complaints under this part, which allows representatives, attorneys, or other parties to initiate the process for the employee. See 1982.100(b).
Under 1982.100(b), 'expeditious handling' means the part provides a set of procedures designed to move retaliation complaints through submission, investigation, findings, and any hearings or reviews in a prompt manner consistent with the statutory framework. The part itself lays out those procedural steps to avoid unnecessary delay. See 1982.100(b).
Under 1982.100(a), yes—the FRSA explicitly protects employees who follow the orders or a treatment plan of a treating physician, which prevents retaliation for complying with medical directions related to workplace injuries. See 1982.100(a).
Under 1982.100(b), a retaliation complaint can proceed through submission of the complaint, investigation by OSHA, issuance of findings and preliminary orders, objections and litigation before an administrative law judge, post‑hearing administrative review, and possible withdrawal or settlement by the parties. See 1982.100(b).