On Nov. 3, 2011, the DOL’s Occupational Safety and Health Administration (OSHA) published interim final rules on “Procedures for Handling of Retaliation Complaints Under Section 806 of the Sarbanes-Oxley Act of 2002 as Amended.” While the intention is for these rules to be final, the DOL is asking for additional comments until Jan. 3, 2012.

Many of the alterations made to SOX whistleblower protections are “non-substantive” word changes, meant to bring the provisions in line with language found in Dodd-Frank. For example, SOX whistleblower cases will no longer be actions taken against employer “discrimination.” Instead, the term “retaliation” will be used.

Not all of the whistleblower changes are as benign, however. Some significantly alter the claim process in the whistleblower’s favor. The following are some of whistleblower provision changes outlined in the interim final rules:

1) Employees are protected from retaliation by nationally recognized statistical rating organizations (NRSRO) and the agency’s officers, employees, contractors, subcontractors, or agents. NRSROs are credit rating agencies that the Securities and Exchange Commission allows other financial organizations to use. Examples include Standard & Poor’s and Moody’s Investor Service.

2) The filing period for retaliation claims doubles from 90 days to 180, with the clock starting on the date after the violation occurs or the date the employee became aware of it.

3) If the Secretary of Labor does not issue a final decision on the claim within 180 days, then the complainant has the right to a jury trial.

For a complete list of changes to SOX whistleblower rules, see Federal Register / Vol. 76, No. 213.