Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Seaman's Protection Act, as Amended

This document provides the final text of regulations governing the employee protection (whistleblower) provisions of the Seaman's Protection Act (SPA or the Act), as amended by section 611 of the Coast Guard Authorization Act of 2010. On February 6, 2013, the Occupational Safety and Health Administration (OSHA or the Agency) published an interim final rule (IFR) for SPA whistleblower complaints in the Federal Register, requested public comment on the IFR, and the Agency has considered the comments. This final rule finalizes the procedures and time frames for the handling of retaliation complaints under SPA, including procedures and time frames for employee complaints to 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) on behalf of the Secretary of Labor (Secretary), and judicial review of the Secretary's final decision. In addition, this final rule provides the Secretary's interpretation of the term "seaman" and addresses other interpretive issues raised by SPA.