Procedures for the Handling of Retaliation Complaints Under the National Transit Systems Security Act and the Federal Railroad Safety Act

This document provides the interim final text of regulations governing the employee protection ("whistleblower") provisions of the National Transit Systems Security Act ("NTSSA"), enacted as Section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ("9/11 Commission Act"), and the Federal Railroad Safety Act ("FRSA"), as amended by Section 1521 of the 9/11 Commission Act. The 9/11 Commission Act was enacted into law on August 3, 2007. FRSA was amended further by Public Law 110-432, 122 Stat. 4892, Div. A, Title IV, section 419 (Oct. 16, 2008). This rule establishes procedures and time frames for the handling of retaliation complaints under NTSSA and FRSA, including procedures and time frames for employee complaints to the Occupational Safety and Health Administration ("OSHA"), investigations by OSHA, appeals of OSHA determinations to an administrative law judge ("ALJ") for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board ("ARB") (acting on behalf of the Secretary) and judicial review of the Secretary's final decision.