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OSHA 1991.101

Definitions and key terms

20 Questions & Answers

Questions & Answers

Under 1991.101, what does "Assistant Secretary" mean?

The term "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health or the person(s) to whom that Assistant Secretary delegates authority under CAARA. This is the official who oversees OSHA matters under this part (1991.101).

Under 1991.101, what does "Antitrust laws" mean?

The term "Antitrust laws" specifically means section 1 or section 3 of the Sherman Act (15 U.S.C. 1 or 3). In practical terms, that refers to common prohibitions such as price-fixing, market division, and certain group boycotts covered by those sections (1991.101).

Under 1991.101, how are "Business days" defined and how do they affect deadlines?

"Business days" are defined as days other than Saturdays, Sundays, and Federal holidays. Use this definition when you compute time limits or deadlines under this part, so if a deadline falls on a weekend or Federal holiday it is not counted as a business day (1991.101).

  • Example: If a 10-business-day deadline starts on a Monday, you count only Monday–Friday and skip weekends and Federal holidays.

Under 1991.101, what does "CAARA" stand for?

CAARA stands for the Criminal Antitrust Anti-Retaliation Act, Public Law 116–257 (codified at 15 U.S.C. 7a–3). This is the statute that this part implements and protects whistleblowers who report certain antitrust violations (1991.101).

Under 1991.101, what does "Complainant" mean?

A "Complainant" is the covered individual who filed a CAARA complaint or on whose behalf a complaint was filed. In other words, it's the person protected by and asserting rights under CAARA in a complaint filed under this part (1991.101).

Under 1991.101, what is a "Covered individual" and who does that include?

A "Covered individual" includes employees, contractors, subcontractors, and agents of an employer, and also people presently or formerly working for, applying to work for, or whose employment could be affected by another person. In short, it covers a wide range of workers and applicants who might experience retaliation for reporting criminal antitrust activity (1991.101).

  • Examples: current employee, former employee, job applicant, independent contractor, subcontractor, or an agent whose employment could be affected.

Under 1991.101, does an applicant qualify as a "Covered individual"?

Yes. An individual applying to work for another person is explicitly included as a "Covered individual" under this part, so applicants are protected under CAARA definitions when they report covered wrongdoing (1991.101).

Under 1991.101, are former employees covered as "Covered individuals"?

Yes. Former employees are explicitly included in the definition of "Covered individual," so protections can apply even after employment has ended if the individual meets the other requirements of CAARA (1991.101).

Under 1991.101, are contractors and subcontractors considered "Covered individuals"?

Yes. Contractors and subcontractors are specifically listed as examples of "Covered individuals," so independent contractors and subcontracted workers can be protected under the CAARA definitions in this part (1991.101).

Under 1991.101, what does "DOJ" mean and what is its relevance?

"DOJ" means the Antitrust Division of the United States Department of Justice, which is the federal law enforcement agency that prosecutes criminal antitrust violations; it is referenced because CAARA protects individuals who report criminal antitrust activity that may be investigated or prosecuted by the DOJ (1991.101).

Under 1991.101, who is an "Employer"?

An "Employer" means a person, or any officer, employee, contractor, subcontractor, or agent of such a person. This broad definition captures both corporate entities and individuals acting in an employing capacity under CAARA (1991.101).

Under 1991.101, what does "Federal Government" include for purposes of this part?

For this part, "Federal Government" includes a Federal regulatory or law enforcement agency, and also any Member of Congress or committee of Congress. That means these entities are explicitly covered by the definition when determining who may be implicated or involved in CAARA matters (1991.101).

Under 1991.101, what does "OSHA" refer to?

"OSHA" means the Occupational Safety and Health Administration of the United States Department of Labor, which is the agency that administers the CAARA complaint process covered in this part (1991.101).

Under 1991.101, what does the term "Person" mean and how is it different from "Employer"?

The term "Person" has the same meaning as in 15 U.S.C. 12(a) and includes individuals, corporations, and associations under U.S., state, territorial, or foreign law. "Employer" is a subset of "Person" defined to include a person or any officer, employee, contractor, subcontractor, or agent of such a person; so all employers are persons, but not all persons are necessarily employers (1991.101).

Under 1991.101, who is a "Respondent"?

A "Respondent" is the person named in the complaint who is alleged to have violated CAARA. In practice, the Respondent is the party the complaint alleges took retaliatory action in violation of the statute (1991.101).

Under 1991.101, who is the "Secretary"?

The term "Secretary" means the Secretary of Labor, the head of the Department of Labor, who has oversight responsibilities for OSHA and matters under this part (1991.101).

Under 1991.101, can an agent of an employer be both treated as an "Employer" and as a "Person"?

Yes. An agent of an employer falls within the definition of "Employer" and also meets the broader definition of "Person," because "Employer" is defined as a type of person (e.g., officer, employee, contractor, subcontractor, or agent of such a person) and "Person" includes individuals and entities under applicable law (1991.101).

Under 1991.101, does "Business days" exclude state or local holidays?

No. "Business days" excludes only Saturdays, Sundays, and Federal holidays; it does not exclude state or local holidays unless those holidays also are federal holidays. Use Federal holidays when computing business days under this part (1991.101).

Under 1991.101, are Members of Congress explicitly included in the definition of "Federal Government"?

Yes. The definition of "Federal Government" in this part explicitly includes any Member of Congress or committee of Congress, in addition to federal regulatory or law enforcement agencies (1991.101).

Under 1991.101, is the Antitrust Division of DOJ the same as "DOJ" in the definitions?

Yes. "DOJ" in these definitions refers specifically to the Antitrust Division of the United States Department of Justice, the component responsible for criminal antitrust enforcement referenced by CAARA (1991.101).