Purpose and scope

Under 1988.100(a) MAP-21 protects employees from retaliation for engaging in protected activity related to the manufacture or sale of motor vehicles and motor vehicle equipment (1988.100(a)).

• "Protected activity" in this provision is tied to actions pertaining to the manufacture or sale of motor vehicles and motor vehicle equipment. See 1988.100(a).

Under 1988.100(a) the protection applies to employees who engage in protected activity pertaining to the manufacture or sale of motor vehicles and motor vehicle equipment (1988.100(a)).

• The text refers explicitly to "employee protection," meaning an individual in an employment relationship who takes covered actions related to manufacture or sale. See 1988.100(a).

Under 1988.100(b) a retaliation complaint may be filed by the employee who experienced retaliation or by a person acting on the employee's behalf (1988.100(b)).

• This means representatives, family members, attorneys, or others acting for the employee may submit complaints on the employee's behalf. See 1988.100(b).

Under 1988.100(b) this part covers the full range of procedural steps for MAP-21 retaliation complaints, including submission of complaints, investigations, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges (ALJs), post‑hearing administrative review, and withdrawals and settlements (1988.100(b)).

• The rules in this part work together with the procedures in 29 CFR part 18 to guide each stage of the case. See 1988.100(b).

Under 1988.100(b) the issuance of preliminary orders is explicitly included as part of the MAP-21 complaint process (1988.100(b)).

• Preliminary orders are one procedural outcome the part contemplates alongside findings and later review steps. See 1988.100(b).

Under 1988.100(b) MAP-21 complaints may be withdrawn or resolved through settlement as part of the procedures established by this part (1988.100(b)).

• The regulation explicitly lists withdrawals and settlements as recognized procedural outcomes. See 1988.100(b).

Under 1988.100(b) the MAP-21 process includes litigation before administrative law judges (ALJs) and provides for post‑hearing administrative review (1988.100(b)).

• That means a contested complaint may proceed to an ALJ hearing and the decision can be subject to further administrative review. See 1988.100(b).

Under 1988.100 the part does provide the Secretary's interpretations on certain statutory issues related to MAP-21 (1988.100(b)).

• Those interpretations are incorporated into the rules and help explain how the statute will be applied in particular situations. See 1988.100(b).

Under 1988.100(b) the regulation states the part establishes procedures for the "expeditious handling" of complaints but 1988.100(b) itself does not specify exact time limits or deadlines (1988.100(b)).

• For concrete deadlines or timing rules you must review the full text of the part and related rules in 29 CFR part 18. See 1988.100(b).

Under 1988.100(a) the MAP-21 anti-retaliation provision is codified at 49 U.S.C. 30171, as reflected in the part's statement of purpose (1988.100(a)).

• The rule links OSHA procedures to the statutory source at 49 U.S.C. 30171 via MAP-21. See 1988.100(a).

Under 1988.100 Part 1988 is titled "Procedures for Handling Retaliation Complaints Under Section 31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21)" ([1988.100]https://www.osha.gov/laws-regs/regulations/standardnumber/1988/1988.100).

• The part establishes the OSHA procedural framework specifically for MAP‑21 31307 retaliation complaints. See 1988.

Under 1988.100 the rules for complaints, investigations, findings, and preliminary orders are contained in 1988 Subpart A, titled "Complaints, Investigations, Findings and Preliminary Orders" ([1988.100]https://www.osha.gov/laws-regs/regulations/standardnumber/1988/1988.100).

• This subpart organizes the procedural steps for handling MAP‑21 retaliation matters. See 1988.