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29 C.F.R. § 1987.102 : Labor — REGULATIONS RELATING TO LABOR — OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR — PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION ACT — COMPLAINTS, INVESTIGATIONS, FINDINGS AND PRELIMINARY ORDERS — Obligations and prohibited acts
Text
(a)
No covered entity may discharge or otherwise retaliate against, including, but not limited to, intimidating, threatening, restraining, coercing, blacklisting or disciplining, any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because the employee, whether at the employee's initiative or in the ordinary course of the employee's duties (or any person acting pursuant to a request of the employee), has engaged in any of the activities specified in paragraphs (b)(1) through (4) of this section.
(b)
An employee is protected against retaliation because the employee (or any person acting pursuant to a request of the employee) has:
(1)
Provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of the FD and C or any order, rule, regulation, standard, or ban under the FD and C;
(2)
Testified or is about to testify in a proceeding concerning such violation;
(3)
Assisted or participated or is about to assist or participate in such a proceeding; or
(4)
Objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of the FD and C, or any order, rule, regulation, standard, or ban under the FD and C.
29 C.F.R. §1987.102
81 FR 22539, 4/18/2016
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