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OSHA 1992.101

Definitions and key terms

14 Questions & Answers

Questions & Answers

Under 1992.101, what does 'AMLA' mean?

Under 1992.101, "AMLA" means the anti-retaliation provisions of the Anti-Money Laundering Act of 2020 as codified at 31 U.S.C. 5323(g)(1)-(3) and (6). See 1992.101 for the defined term and 1992 for the part context.

Under 1992.101, who is the 'Assistant Secretary'?

Under 1992.101, the "Assistant Secretary" is the Assistant Secretary of Labor for Occupational Safety and Health or any person or persons to whom the Assistant Secretary delegates authority under AMLA. See 1992.101 for the full definition and related delegation context in 1992.

Under 1992.101, what are 'Business days'?

Under 1992.101, "Business days" means days other than Saturdays, Sundays, and Federal holidays. See 1992.101 for the definition and 1992 for the overall part.

Under 1992.101, who is a 'Complainant'?

Under 1992.101, a "Complainant" is the whistleblower who filed an AMLA complaint or the person on whose behalf a complaint was filed. See 1992.101 for the definition and 1992 for the part context.

Under 1992.101, what does 'FinCEN' refer to?

Under 1992.101, "FinCEN" means the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury. See 1992.101 for the defined term and 1992 for the part context.

Under 1992.101, what does 'OSHA' mean?

Under 1992.101, "OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor. See 1992.101 for the definition and 1992 for the part overview.

Under 1992.101, who is a 'Respondent'?

Under 1992.101, a "Respondent" is the person named in the complaint who is alleged to have violated AMLA. See 1992.101 for the definition and 1992 for the part context.

Under 1992.101, who is the 'Secretary'?

Under 1992.101, the "Secretary" means the Secretary of Labor or any person or persons to whom the Secretary delegates authority under certain AMLA anti-retaliation provisions. See 1992.101 and the part context at 1992.

Under 1992.101, what does the term 'Whistleblower' include?

Under 1992.101, a "Whistleblower" includes any individual (or two or more individuals acting jointly) who take any of the actions described in 1992.102(b). Additionally, the definition expressly includes:

  • individuals presently or formerly working for an employer;
  • individuals applying to work for an employer; and
  • individuals whose employment could be affected by an employer.

See 1992.101 and 1992.102(b).

Under 1992.101, does the definition of 'Whistleblower' cover job applicants and former employees?

Under 1992.101, yes — the definition of "Whistleblower" explicitly covers individuals applying to work for an employer and individuals formerly working for an employer. See 1992.101 and consult 1992.102(b) for the specific protected actions that create whistleblower status.

Under 1992.101, can two or more people be treated as a single 'Whistleblower' if they act together?

Under 1992.101, yes — two or more individuals acting jointly can qualify as a "Whistleblower." See 1992.101 and related actions described in 1992.102(b).

Under 1992.101, what is the practical difference between a 'Whistleblower' and a 'Complainant'?

Under 1992.101, a "Whistleblower" is any person who takes the protected actions listed in 1992.102(b), while a "Complainant" is specifically the whistleblower who filed an AMLA complaint or on whose behalf a complaint was filed. See 1992.101 for both definitions.

Under 1992.101, do the definitions of 'Assistant Secretary' and 'Secretary' allow for delegation of authority?

Under 1992.101, yes — both "Assistant Secretary" and "Secretary" include the named official or any person or persons to whom that official delegates authority under AMLA. See 1992.101 and the part overview at 1992.

Under 1992.101 and 1992.102, where do I find the specific actions that make someone a protected 'Whistleblower'?

Under 1992.101, the term "Whistleblower" refers to actions listed in 1992.102(b). To see the specific protected actions and examples, review 1992.102 and its subsection 1992.102(b).