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Whistleblower Regulations and Related Documents

Nuclear and Environmental (29 C.F.R. Part 24)

Code of Federal Regulations

Regulations Effective on January 18, 2011

For the Final ERA and Environmental regulations effective January 18, 2011, see the Final Rule at 76 Fed. Reg. 2808 below.

Regulations Effective on August 10, 2007

 Unofficial OALJ set from the Federal Register

Regulations in Effect Prior to August 10, 2007

Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes, 29 C.F.R. Part 24 (effective March 11, 1998 to Aug. 10, 2007)

 Official DOL set
 Official Government Printing Office set (1997 to present)
 Unofficial OALJ set

Regulations in Effect Prior to March 11, 1998

Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes, 29 C.F.R. Part 24 (effective From Jan. 8, 1980 to Mar. 11, 1998)

 Unofficial OALJ set

Federal Register Documents

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of Six Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as Amended,; Final Rule, 29 C.F.R. Part 24, 76 Fed. Reg. 2808 (Jan. 18, 2011) (effective August 10, 2007; implementing the provisions of the Energy Policy Act of 2005 and harmonizing procedures with those of other DOL-administered whistleblower regulations)  HTML |  PDF

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of Six Federal Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as amended; Interim Final Rule, 29 C.F.R. Part 24, 72 Fed. Reg. 44956 (Aug. 10, 2007) (effective August 10, 2007; implementing the provisions of the Energy Policy Act of 2005 and harmonizing procedures with those of other DOL-administered whistleblower regulations)  HTML |  PDF

Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes; Final Rule, 29 C.F.R. Part 24, 63 Fed. Reg. 6614 (Feb. 9, 1998) (effective March 11, 1998; implementing amendments to the ERA's employee protection provision)  HTML |  PDF

Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes; Proposed Amendments, 29 C.F.R. Part 24, 59 Fed. Reg. 12506 (Mar. 16, 1994) (to implement amendments to the ERA's employee protection provision)  HTML

Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes; Final Rule, 29 C.F.R. Part 24, 45 Fed. Reg. 1836 (Jan. 8, 1980) (original DOL regulations; replaced by 1998 amendments)  HTML

Surface Transportation Assistance Act (29 C.F.R. Part 1978)

Code of Federal Regulations

Rules for Implementing Section 405 of the Surface Transportation Assistance Act of 1982 (STAA), 29 C.F.R. Part 1978

 For amended STAA regulations effective July 27, 2012, see the Final Rule at 77 Fed. Reg. 44121 below.
 For amended STAA regulations effective August 31, 2010, see the Interim Final Rule at 75 Fed. Reg. 53544 below.
 Official OSHA Set
 Official Government Printing Office Set (1997 to Aug. 30, 2010)
 Unofficial OALJ Set

Federal Register Documents

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Surface Transportation Assistance Act; Final Rule, 29 C.F.R. Part 1978, 77 Fed. Reg. 44121 (July 27, 2012)  HTML |  PDF

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Surface Transportation Assistance Act; Interim Final Rule, 29 C.F.R. Part 1978, 75 Fed. Reg. 53544 (Aug. 31, 2010)  HTML |  PDF

Rules Implementing Section 405 of the Surface Transportation Assistance Act of 1982; Final Rule, 29 C.F.R. Part 1978, 53 Fed. Reg. 47676 (Nov. 25, 1978)  HTML

Rules Implementing Section 405 of the Surface Transportation Assistance Act of 1982; Interim Final Rule, 29 C.F.R. Part 1978, 51 Fed. Reg. 42091 (Nov. 21, 1986)  HTML

Aviation Investment and Reform Act (AIR21) (29 C.F.R. Part 1979)

Code of Federal Regulations

Procedures for the Handling of Discrimination Complaints Under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

 Official OSHA Set
 Official Government Printing Office Set (1997 to present)

Federal Register Documents

Procedures for the Handling of Discrimination Complaints under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century; Final Rule, 29 C.F.R. Part 1979, 68 Fed. Reg. 14099 (Mar. 21, 2003)  HTML |  PDF

Procedures for the Handling of Discrimination Complaints under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century; Interim Final Rule, 29 C.F.R. Part 1979, 67 Fed. Reg. 15453 (Apr. 2, 2002)  HTML |  PDF

Sarbanes-Oxley Act (Corporate and Criminal Fraud Accountability Act) (29 C.F.R. Part 1980)

Code of Federal Regulations

Procedures for the Handling of Discrimination Complaints Under Section 806 Of the Corporate and Criminal Fraud Accountablility Act of 2002, Titile VIII of the Sarbanes-Oxley Act of 2002

 Official OSHA Set
 Official Government Printing Office Set (1997 to present)

Federal Register Documents

Procedures for the Handling of Retaliation Complaints Under Section 806 of the Sarbanes-Oxley Act of 2002, as Amended; Interim Final Rule, 29 CFR Part 1980, 76 Fed. Reg. 68084 (Nov. 3, 2011)  HTML |  PDF

Procedures for the Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002; Final Rule, 29 CFR Part 1980, 69 Fed. Reg. 52103 (Aug. 24, 2004)  HTML |  PDF

Procedures for the Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002; Interim Rule, 29 CFR Part 1980, 68 Fed. Reg. 31859 (May 28, 2003)  HTML |  PDF

Pipeline Safety Improvement Act (29 C.F.R. Part 1981)

Code of Federal Regulations

Procedures for the Handling of Discrimination Complaints Under Section 6 of The Pipeline Safety Improvement Act of 2002

 Official OSHA Set
 Official Government Printing Office Set (1997 to present)

Federal Register Documents

Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety Improvement Act of 2002, Final Rule, 70 Fed. Reg. 17889 (Apr. 8, 2005)  HTML |  PDF

Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety Improvement Act of 2002, Interim Final Rule, 69 Fed. Reg. 17587 (Apr. 5, 2004)  HTML |  PDF

National Transit Systems Security Act and the Federal Railroad Safety Act

Code of Federal Regulations


 See Interim Final Rule published on August 31, 2010, 75 Fed. Reg. 53522, below.

Federal Register Documents

Procedures for the Handling of Retaliation Complaints Under the National Transit Systems Security Act and the Federal Railroad Safety Act, Interim Final Rule, 75 Fed. Reg. 53522 (Aug. 31, 2010)  HTML |  PDF

Consumer Product Safety Improvement Act of 2008

Code of Federal Regulations


 See Final Rule published on July 10, 2012, 77 Fed. Reg. 40494, below.

Federal Register Documents

Procedures for the Handling of Retaliation Complaints Under Section 219 of the Consumer Product Safety Improvement Act of 2008, Final Rule, 77 Fed. Reg. 40494 (July 10, 2012)  HTML |  PDF

Procedures for the Handling of Retaliation Complaints Under Section 219 of the Consumer Product Safety Improvement Act of 2008, Interim Final Rule, 75 Fed. Reg. 53533 (Aug. 31, 2010)  HTML |  PDF

Related Documents

OALJ General Rules of Practice and Procedure

Rules of Practice and Procedure for Adminstrative Hearings Before the Office of Administrative Law Judges, 29 C.F.R. Part 18

Administrative Review Board

Secretary's Order 1-2002, Delegation of Authority and Responsibility to the Administrative Review Board, 67 Fed. Reg. 64272 (Oct. 17, 2002) (replaced Secretary's Order 02-96, effective Sept. 24, 2002)  HTML |  PDF

Final Rule Establishing Adminstrative Review Board, 61 Fed. Reg. 19982 (1996) (making regulatory changes necessary to implement Secretary's Order 2-96)  HTML

Secretary's Order 2-96, Notice, Rule Delegating Authority and Responsibilities of the Administrative Review Board, 61 Fed. Reg. 19978 (Apr. 17, 1996) (published in the Federal Register on May 3, 1996; replaced the OAA)  HTML

Secretary's Order 3-90, Notice, Delegation of Authority to the Director of the Office of Administrative Appeals, 55 Fed. Reg. 13250 (Apr. 97, 1990) (the OAA was replaced by the ARB in 1996)  HTML

OSHA Delegation

Secretary’s Order 5–2007, Delegation of Authority and Assignment of Responsibility to the Assistant Secretary for Occupational Safety and Health, 72 Fed. Reg. 31160 (June 5, 2007) (replaces Secretary's Order 5-2002, adding responsibility for Pipeline Safety Improvement Act whistleblower cases, and making minor conforming modifications)

Time Extension of Secretary's Order 6-94, Establishing Pilot Project to Create Concurrent Authorities and Responsibilities for the Assistant Secretary for Occupational Safety and Health and the Assistant Secretary for Employment Standards With Respect to Certain Whistleblower Protection Laws and Certain Laws Establishing Labor Standards Affecting Field Sanitation and Migrant Housing, 61 Fed. Reg. 4289 (Jan. 26, 1996)

Secretary's Order 6-94 Pilot Project to Create Concurrent Authorities and Responsibilities for the Assistant Secretary for Occupational Safety and Health and the Assistant Secretary for Employment Standards With Respect to Certain Whistleblower Protection Laws and Certain Laws Establishing Labor Standards Affecting Field Sanitation and Migrant Housing, 60 Fed. Reg. 3655 (Jan. 18, 1995)

[Editor's note: prior to 1996, the Wage and Hour Division investigated nuclear and environmental whistleblower cases]

Department of Energy, Nuclear Regulatory Commission, and Wage and Hour Division Documents

Interim Final Rule, Department of Energy, Office of Hearings and Appeals, 10 CFR Part 708, 48 CFR Parts, 913, 922 and 970, Criteria and Procedures for DOE Contractor Employee Protection Program; Department of Energy Acquisition Regulations, 64 Fed. Reg. 12862 (Mar. 15, 1999)

This is an interim final rule on DOE's contractor employee protection program at 10 C.F.R. Part 708. 64 Fed. Reg. 12862-01 (Mar. 15, 1999). In many respects, it parallels DOL's 29 C.F.R. Part 24 regulations, but the rule covers more than just section ERA §§ 211(a), 42 U.S.C. §§ 5851(a), types of activities. It includes, for example, matters such as those that would be covered by section 11(c) of the OSH Act and OSHA workplace safety regulations. Compare 10 C.F.R. §§ 708.5 through 708.7 with 29 C.F.R. § 1977.12(b)(2). DOE's interim final rule excludes from coverage employee complaints that are submitted for review under DOL regulations found at 29 C.F.R. Part 24, to avoid a situation where an employee could simultaneously pursue the same whistleblower complaint in more than one forum. See 10 C.F.R. §§ 708.4(c), 708.15(a), 708.15(d), 708.17(c)(3). The rule, however, recognizes an exception when the prior complaint under 29 C.F.R. Part 24 is dismissed for lack of jurisdiction by the DOL. See 10 C.F.R. § 708.15(a).

Proposed Rule, Nuclear Regulatory Commission, 10 CFR Parts 2, 19, 20, 21, 30, 40, 51, 60, 61, and 63, Disposal of High-Level Radioactive Wastes in a Proposed Geologic Repository at Yucca Mountain, Nevada, 64 Fed. Reg. 8640 (Feb. 22, 1999)

Proposed rule to set licensing criteria for the disposal of spent nuclear fuel and high-level radioactive wastes at the proposed geologic repository at Yucca Mountain, Nevada. 64 Fed. Reg. 8640-01 (Feb. 22, 1999). Included in the proposed rule is a ERA § 211(a), 42 U.S.C. § 5851(a), type employee protection provision. Such discrimination complaints would be administratively processed by the Department of Labor. See proposed 10 C.F.R. §§ 63.9.

Memorandum of Understanding Between NRC and Department of Labor, Employee Protection, 47 Fed. Reg. 54585 (Dec. 3, 1982)

Preserving the Free Flow of Information to the Commission, 55 Fed. Reg. 10397 (Mar. 21, 1990) (relates to ERA § 210 settlements)