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OSHA 24.100

Purpose and scope

Subpart A

12 Questions & Answers

Questions & Answers

Under 24.100, what is the main purpose of 29 CFR Part 24?

Under 24.100, the main purpose of Part 24 is to implement procedures for handling employee protection (whistleblower) complaints under certain federal environmental and energy statutes. The rule states that Part 24 implements the Secretary of Labor’s responsibility for these whistleblower provisions as set out in 24.100(a) and summarizes the scope of procedures the part provides in 24.100(b).

Under 24.100(a), which federal statutes are covered by Part 24?

Under 24.100(a), Part 24 covers the employee protection (whistleblower) provisions of the following federal statutes: the Safe Drinking Water Act, the Federal Water Pollution Control Act, the Toxic Substances Control Act, the Solid Waste Disposal Act, the Clean Air Act, the Energy Reorganization Act of 1974, and the Comprehensive Environmental Response, Compensation and Liability Act. See the full list in 24.100(a).

Under 24.100(b), who may submit a retaliation complaint under Part 24?

Under 24.100(b), retaliation complaints may be made by employees or by persons acting on their behalf. The section explains that Part 24 establishes procedures for handling complaints submitted by employees or their representatives; see 24.100(b).

Under 24.100(b), what types of procedural steps does Part 24 establish for whistleblower complaints?

Under 24.100(b), Part 24 establishes procedures for the expeditious handling of retaliation complaints, including the submission of complaints, investigations, issuance of findings, objections to findings, litigation before administrative law judges (ALJs), issuance of decisions and orders, post-hearing administrative review, and withdrawals and settlements. The section lists these specific steps; see 24.100(b).

Under 24.100, does Part 24 require investigations and issuance of findings for complaints?

Under 24.100(b), yes—Part 24 requires procedures for investigations and the issuance of findings as part of the expeditious handling of retaliation complaints. The rule explicitly lists investigations and issuance of findings among the covered procedures; see 24.100(b).

Under 24.100, can retaliation complaints be litigated before an administrative law judge (ALJ)?

Under 24.100(b), yes—Part 24 provides for litigation before administrative law judges (ALJs) as one of the procedural steps available for handling retaliation complaints. The section specifically mentions ALJ litigation; see 24.100(b).

Under 24.100(b), where are the rules for submitting complaints found?

Under 24.100(b), the rules for submitting complaints are set forth in Part 24 itself together with the rules codified at 29 CFR part 18. The section explains that Part 24 and 29 CFR part 18 together govern submission, investigation, and adjudication procedures; see 24.100(b).

Under 24.100(a), does Part 24 cover whistleblower protections under the Clean Air Act?

Under 24.100(a), yes—Part 24 implements procedures for the whistleblower (employee protection) provisions of the Clean Air Act. The Clean Air Act is explicitly listed among the statutes covered by Part 24; see 24.100(a).

Under 24.100(b), does Part 24 allow withdrawals and settlements of complaints?

Under 24.100(b), yes—Part 24 includes procedures for withdrawals and settlements as part of the process for handling retaliation complaints. The section lists withdrawals and settlements among the covered procedural steps; see 24.100(b).

Under 24.100, does Part 24 itself define which employers are covered by each statute?

Under 24.100(a), Part 24 implements the whistleblower procedures for the specific federal statutes listed, but the scope of which employers are covered is determined by each underlying statute rather than Part 24 itself. Part 24 focuses on procedures for handling complaints under those statutes; see 24.100(a).

Under 24.100(b), what does it mean that Part 24 provides 'expeditious handling' of complaints?

Under 24.100(b), Part 24 requires that complaints be handled expeditiously by establishing specific procedural steps (submission, investigation, findings, hearings, review, withdrawals and settlements) to move cases through the process. The term signals that the part is designed to process complaints promptly through the procedures described in Part 24 and 29 CFR part 18; see 24.100(b).

Under 24.100(b), how do Part 24 and 29 CFR part 18 work together?

Under 24.100(b), Part 24 and 29 CFR part 18 operate together so that Part 24 provides the whistleblower-specific procedures while 29 CFR part 18 supplies additional procedural rules for hearings and adjudication. The section states that these rules together set forth the procedures for submission, investigation, hearings, decisions, review, and settlements; see 24.100(b).