OSHA and the Affordable Healthcare Act (TRN Update)

Affordable Healthcare Act, OSHA, Healthcare, Healthcare 2013, TRN Staffing, The Reserves Network

From Cliff Gerbick, CSP (The Reserves Network Director of Safety)

With the Affordable Healthcare Act (ACA) coming into focus as provisions of the act start to become law, the Occupational Safety and Health Administration has published an interim final rule in the Federal Register that governs whistleblower complaints filed under Section 1558 of the Affordable Care Act.

Title I includes a range of insurance company accountability policies, such as the prohibition of lifetime limits on coverage and exclusions due to pre-existing conditions.  If an employee registers a complaint against their employer for not providing the required provisions that employee cannot be retaliated against.  If an employee feels they have been retaliated against for voicing the complaint, they may file a complaint with OSHA.

The ACA tasks the Department of Labor with conducting investigations and making determinations based on the investigative findings.  Both of these tasks are driven by OSHA.  OSHA’s interim final rule establishes the procedures and time frames for the filing and handling of such complaints – including investigations by OSHA, appeals of OSHA determinations to an administrative law judge for a hearing, review of such decisions by the Administrative Review Board and judicial review of the secretary’s final decision.

The interim final rule can be viewed by (CLICKING HERE – PDF FILE)

Comments, which will be accepted for 60 days, may be submitted electronically via the federal e-rulemaking portal by (CLICKING HERE) or by mail or fax.

Cliff Gerbick is the Director of Safety for The Reserves Network, a provider of “Total Staffing Solutions” in the office, industrial, professional and technical markets. To contact Cliff, email cgerbick@TRNstaffing.com.

Visit the The Reserves Network’s website at www.TRNstaffing.com.

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