Subpart A
Seamen and persons acting on their behalf are protected from retaliation when they engage in protected activity related to maritime safety. The rule explains that this part implements the Seaman's Protection Act, which protects a seaman from retaliation for protected activity about compliance with maritime safety laws and regulations Text in 1986.100(a).
Protected activity includes actions taken by a seaman to comply with or report issues concerning maritime safety laws and regulations. The part states it protects seamen who have engaged in protected activity pertaining to compliance with maritime safety laws and accompanying regulations, and it incorporates the procedures and rights described in the whistleblower provision of the Surface Transportation Assistance Act Requirement in 1986.100(a).
SPA incorporates the procedures, requirements, and rights described in the STAA whistleblower provision, so processes and protections for seamen follow the STAA framework. The standard explicitly states that SPA incorporates the procedures, requirements, and rights described in the whistleblower provision of the Surface Transportation Assistance Act (49 U.S.C. 31105) See 1986.100(a).
Part 1986 covers the full complaint process, including submission, investigation, findings, preliminary orders, objections, ALJ hearings, administrative review, withdrawals, settlements, and judicial review and enforcement. The section describes that these rules, together with 29 CFR part 18, set forth procedures for each of these stages Scope in 1986.100(b).
Complaints must be handled expeditiously under the procedures established in this part. The regulation states that it establishes procedures for the expeditious handling of retaliation complaints filed by seamen or persons acting on their behalf Requirement in 1986.100(b).
Yes; Part 1986 provides the Secretary's interpretations on certain statutory issues in addition to procedural rules. The section explicitly states that the rules in this part provide the Secretary's interpretations on certain statutory issues See 1986.100(b).
Yes; Part 1986 uses the procedures in 29 CFR part 18 for hearings and many other formal steps in the process. The regulation says these rules, together with those codified at 29 CFR part 18, set forth procedures for hearings before administrative law judges and related processes Procedures referenced in 1986.100(b).
No; an employer may not retaliate against a seaman for engaging in protected activities related to maritime safety. The part implements SPA protections that shield seamen from retaliation for protected activity pertaining to compliance with maritime safety laws and regulations Protection described in 1986.100(a).
A seaman or a person acting on the seaman's behalf may file a retaliation complaint under this part. The section states procedures are established for retaliation complaints filed by seamen or persons acting on their behalf Filing authority in 1986.100(b).
Part 1986 anticipates several possible outcomes, including withdrawal or settlement of complaints, issuance of findings and preliminary orders, hearings before an ALJ, post-hearing administrative review, and judicial review and enforcement. The rule lists these specific procedures and outcomes as part of the complaint process Procedures and outcomes in 1986.100(b).
No; this part specifically applies to retaliation complaints under the Seaman's Protection Act and the related maritime context. The regulation sets forth procedures for handling retaliation complaints filed by seamen or persons acting on their behalf under SPA and incorporates STAA procedures where applicable Scope limited in 1986.100(a) and (b).
You can read the official text of Part 1986, including the purpose and scope, on OSHA's regulation page for this standard. The document title and scope are published at 1986.100 Purpose and scope and the part index is available at 1986.
29 CFR part 18 provides the procedural rules for administrative hearings and related processes that Part 1986 relies on. The regulation states that the rules in this part, together with those codified at 29 CFR part 18, set forth procedures for submission of complaints, hearings before administrative law judges, and other formal steps Procedure reliance in 1986.100(b).
SPA protects a seaman's protected activity relating to compliance with maritime safety laws and regulations, which includes internal reports and other actions taken to address safety compliance—not only reports to government agencies. The regulation broadly protects protected activity pertaining to compliance with maritime safety laws and accompanying regulations Protection scope in 1986.100(a).