(a) Who may file. An employee who believes that he or she has been
retaliated against by an employer in violation of any of the statutes
listed in Sec. 24.100(a) may file, or have filed by any person on the
employee's behalf, a complaint alleging such retaliation.
(b) Nature of Filing. No particular form of complaint is required,
except that a complaint must be in writing and should include a full
statement of the acts and omissions, with pertinent dates, which are
believed to constitute the violations.
(c) Place of Filing. The complaint should be filed with the OSHA
Area Director responsible for enforcement activities in the
geographical area where the employee resides or was employed, but may
be filed with any OSHA officer or employee. Addresses and telephone
numbers for these officials are set forth in local directories and at
the following Internet address: http://www.osha.gov.
(d) Time for Filing. (1) Except as provided in paragraph (d)(2) of
this section, within 30 days after an alleged violation of any of the
statutes listed in Sec. 24.100(a) occurs (i.e., when the retaliatory
decision has been both made and communicated to the complainant), an
employee who believes that he or she has been retaliated against in
violation of any of the statutes listed in Sec. 24.100(a) may file, or
have filed by any person on the employee's behalf, a complaint alleging
such retaliation. The date of the postmark, facsimile transmittal, or
e-mail communication will be considered to be the date of filing; if
the complaint is filed in person, by hand-delivery, or other means, the
complaint is filed upon receipt.
(2) Under the Energy Reorganization Act, within 180 days after an
alleged violation of the Act occurs (i.e., when the retaliatory
decision has been both made and communicated to the complainant), an
employee who believes that he or she has been retaliated against in
violation of the Act may file, or have filed by any person on the
employee's behalf, a complaint alleging such retaliation. The date of
the postmark, facsimile transmittal, or e-mail communication will be
considered to be the date of filing; if the complaint is filed in
person, by hand-delivery, or other means, the complaint is filed upon
receipt.
(e) Relationship to section 11(c) complaints. A complaint filed
under any of the statutes listed in Sec. 24.100(a) alleging facts that
would constitute a violation of section 11(c) of the Occupational
Safety and Health Act, 29 U.S.C. 660(c), will be deemed to be both a
complaint filed under any of the statutes listed in Sec. 24.100(a) and
section 11(c). Similarly, a complaint filed under section 11(c) that
alleges facts that would constitute a violation of any of the statutes
listed in Sec. 24.100(a) will be deemed to be both a complaint filed
under any of the statutes listed in Sec. 24.100(a) and section 11(c).
Normal procedures and timeliness requirements for investigations under
the respective statutes and regulations will be followed.
