Complaint review procedures

Under 1903.12(a) the Area Director must notify the complaining party in writing if he determines an inspection is not warranted because there are no reasonable grounds to believe a violation or danger exists. See 1903.12(a).

• The regulation requires a written notice to the complainant; it does not prescribe specific language or a deadline for that notice.
• If you want more detail on how complaints originate, see 1903.11.

Under 1903.12(a) the complaining party can obtain review by submitting a written statement of position to the Assistant Regional Director and, at the same time, providing the employer a copy of that statement by certified mail. See 1903.12(a).

• The regulation requires that the employer receive a copy by certified mail when the complainant files the statement with the Assistant Regional Director.
• The complaining party may also request an informal conference with the Assistant Regional Director; see below for how that works.

Under 1903.12(a) the employer may submit an opposing written statement of position to the Assistant Regional Director and must, at the same time, provide the complaining party a copy by certified mail. See 1903.12(a).

• The employer's opposing statement is the formal way to present its view to the Assistant Regional Director.
• The employer may also participate in an informal conference if the Assistant Regional Director elects to hold one.

Under 1903.12(a) the Assistant Regional Director may, at his discretion and upon request of the complaining party or the employer, hold an informal conference in which both the complaining party and the employer may orally present their views. See 1903.12(a).

• The conference is optional (discretionary) and intended to allow oral presentation in addition to written statements.
• Both parties should be prepared to present the facts and reasons supporting their positions.

Under 1903.12(a) the Assistant Regional Director shall affirm, modify, or reverse the Area Director's determination, and must furnish the complaining party and the employer a written notification of the decision and the reasons for it. See 1903.12(a).

• The notification must be in writing and explain the reasons for the Assistant Regional Director's decision.
• The regulation states the Assistant Regional Director's decision is final and not subject to further review.

Under 1903.12(a) the Assistant Regional Director's decision is final and not subject to further review. See 1903.12(a).

• That means the internal complaint-review process ends with the Assistant Regional Director's written decision.
• If you are considering other options after that final decision, consult legal counsel about any rights outside of OSHA's internal review process.

Under 1903.12(b) the Area Director must notify the complaining party in writing if an inspection is not warranted because the complaint did not meet the requirements of 1903.11(a). See 1903.12(b).

• The regulation also makes clear that this determination is without prejudice to filing a new complaint that meets the requirements of 1903.11(a).
• In short: the complainant is informed in writing and is free to file a corrected or new complaint that complies with 1903.11(a).

Under 1903.12(b) 'without prejudice' means the complaining party is not barred from filing a new complaint that meets the requirements of 1903.11(a); the prior dismissal does not prevent future complaints on the matter. See 1903.12(b) and 1903.11(a).

• Practically, it means you can correct deficiencies and re-submit the complaint for consideration.
• Keep copies and any supporting evidence when you file a new complaint.

Under 1903.12(a) the complaining party and the employer must provide a copy of their written statement of position to the other party by certified mail at the same time they submit it to the Assistant Regional Director. See 1903.12(a).

• The certified mail requirement is intended to provide proof of delivery and a clear record that both parties received the submissions.
• Retain certified mail receipts as evidence that the requirement was met.

Under 1903.12(a) if the Assistant Regional Director reverses the Area Director's determination, the Assistant Regional Director's written decision (which may affirm, modify, or reverse) controls, and the parties receive a written explanation. See 1903.12(a).

• The regulation does not spell out exact procedural steps after reversal, but the reversal would reinstate the Assistant Regional Director's determination as final within OSHA's complaint-review process.
• If the reversal results in an inspection decision, the usual OSHA inspection procedures and timelines would apply; see 1903 for general program context.

OSHA generally ceases investigatory activities on a contested citation once a proper notice of contest is filed, and normally will not issue a new citation for the exact same condition, equipment, and location while the matter is under contest. See OSHA's Policy on contesting citations.

• The contest pauses the employer's obligations to abate and pay penalties for the contested items until adjudication, but OSHA reserves the right to take enforcement actions necessary to protect workers (for example, seeking relief for imminent danger). See Policy on contesting citations.
• This guidance concerns contested citations and enforcement; it supplements the complaint-review process described in 1903.12.

Under 1903.12(a) the Assistant Regional Director will consider all written and oral views presented when deciding to affirm, modify, or reverse the Area Director's determination. See 1903.12(a).

• Parties should submit clear written statements and be prepared to present oral arguments if an informal conference is held.
• The Assistant Regional Director's decision must explain the reasons after considering those submissions.

Under 1903.12(a) a complaining party may request an informal conference by asking the Assistant Regional Director when they submit their written statement of position; the Assistant Regional Director may hold such a conference at his discretion. See 1903.12(a).

• Make the request in the written statement and keep proof of the submission (certified mail receipt).
• If an informal conference is granted, be ready to present any additional facts or witnesses that support your position.

Section 1903.12(a) requires submission of a written statement of position to the Assistant Regional Director for review, but it does not specify a time limit in the text provided. See 1903.12(a).

• Because the regulation does not set a deadline, follow any timeframes communicated by the Area Office or Assistant Regional Director and use certified mail to document timely submission.
• If you receive an Area Director's written decision, act promptly to request review to avoid any administrative complications.