OSHA seeks comments on health reform act whistle-blower rule

The U.S. Department of Labor's Occupational Safety and Health Administration is seeking comments on an interim final rule on whistle-blower complaints filed under a section of the Patient Protection and Affordable Care Act, the department said Friday.

The interim rule concerns the act's Section 1558, which protects employees against retaliation by an employer for reporting alleged violations of Title I of the act, or for receiving a tax credit or cost-sharing reduction as a result of participating in a health insurance exchange or marketplace, the DOL said.

Title I includes a range of insurer accountability policies, such as prohibiting lifetime limits on coverage and exclusions because of pre-existing conditions, the statement said. The DOL said the act's whistle-blower provision prohibits employers from retaliating against employees who reports violations of one of these policies or requirements. Employees who are retaliated against may file a complaint with OSHA or the courts.

The interim final rule can be viewed in the Federal Register. Comments, which will be accepted for 60 days, may be submitted electronically via the federal e-rulemaking portal, by mail or by fax.

Faxed submissions, including attachments, must not exceed 10 pages and should be sent to the OSHA Docket Office at 202-693-1648. Comments submitted by mail should be addressed to the OSHA Docket Office, Docket No. OSHA-2011-0193, U.S. Department of Labor, Room N-2625, 200 Constitution Ave. NW, Washington, D.C. 20210.