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OSHA 1912.43

Petitions and complaints process

15 Questions & Answers

Questions & Answers

Under 1912.43(a), who may petition for changes to rules in Part 1912?

Under 1912.43(a), any interested person may petition for changes to rules published in Part 1912. The rule states that "Each interested person shall have the right to petition for the issuance, amendment, or repeal of rules published in this part"—see 1912.43(a).

  • Practical tip: identify yourself and explain your interest when you submit a petition so the agency knows you qualify as an "interested person."

Under 1912.43(a), what kinds of actions can a petition request?

Under 1912.43(a), a petition can request the issuance, amendment, or repeal of rules published in Part 1912. The regulation explicitly permits petitions for those three outcomes as described in 1912.43(a).

  • Practical tip: be specific about which rule you want issued, changed, or repealed and why, so the agency can act on the request.

Under 1912.43(a), how long will OSHA take to consider a petition and what notice must be given if it is denied?

Under 1912.43(a), OSHA must consider any petition in a reasonable time and must give prompt notice if a petition is denied in whole or in part. The rule further requires that, except when affirming a prior denial or when the denial is self-explanatory, the notice must include a brief statement of the reasons for the denial—see 1912.43(a).

  • Practical tip: If you receive a denial without a reason and it is not clearly self-explanatory, request the written statement of reasons referenced in the regulation.

Under 1912.43(a), can OSHA deny a petition without explaining why?

Under 1912.43(a), OSHA may only leave a denial unexplained when it is affirming a prior denial or when the denial is self-explanatory; otherwise OSHA must provide a brief statement of the reasons for the denial. This requirement is stated in 1912.43(a).

  • Practical tip: If your denial does not fall into those exceptions and lacks reasons, ask OSHA to provide the required brief statement of reasons.

Under 1912.43(b), who may file a written complaint alleging noncompliance with Part 1912 rules?

Under 1912.43(b), any advisory committee member or any other aggrieved person may file a written complaint with the Assistant Secretary alleging noncompliance with the rules in Part 1912. The regulation states who has standing to file in 1912.43(b).

  • Practical tip: describe how you are aggrieved (injury, loss, or other harm) when you file so the Assistant Secretary can evaluate your complaint.

Under 1912.43(b), what is the filing deadline for a complaint alleging noncompliance?

Under 1912.43(b), a complaint must be timely filed, and in no case may it be filed later than 30 days following the act of alleged noncompliance. The 30-day outer limit is specified in 1912.43(b).

  • Practical tip: to avoid missing the deadline, submit your written complaint as soon as possible and keep proof of the filing date.

Under 1912.43(b), what should I include when filing a written complaint with the Assistant Secretary?

Under 1912.43(b), a written complaint should state the alleged noncompliance and be filed with the Assistant Secretary; while the rule does not list a required form or specific fields, it does require that the complaint be timely and in writing—see 1912.43(b).

  • Practical tips for completeness:
    • Describe the act of noncompliance, including dates and locations.
    • Identify the persons or entities involved.
    • Attach any supporting documents or evidence.
    • Provide your contact information so OSHA can respond.

Under 1912.43(b), what will OSHA do after receiving my written complaint?

Under 1912.43(b), OSHA must act upon the written complaint promptly and provide the complainant with a written notice of the disposition of the complaint. The procedural requirement is in 1912.43(b).

  • Practical tip: keep copies of your complaint and any correspondence; if you do not receive a disposition within a reasonable time, follow up with the office that received your complaint.

Under 1912.43, does the regulation allow anonymous petitions or complaints?

Under 1912.43, petitions must be submitted by an "interested person" and complaints must be filed in writing by an advisory committee member or an "aggrieved person," so anonymous filings are not consistent with those phrases and practical processing requires contact information—see 1912.43(a) and 1912.43(b).

  • Practical tip: include your name and contact information so OSHA can notify you of petition or complaint disposition as required by the regulation.

Under 1912.43, if my petition is denied, is there an internal appeal procedure described in this section?

Under 1912.43, the regulation requires OSHA to give prompt notice of denials and to provide reasons in most cases, but it does not establish an internal appeal procedure for petition denials within this section; it only prescribes notice and reason requirements—see 1912.43(a).

  • Practical tip: if you want further review after a denial, look for other agency procedures or consult legal counsel about available administrative or judicial remedies.

Under 1912.43(b), what does the term "aggrieved person" mean for filing a complaint?

Under 1912.43(b), the regulation allows "any other aggrieved person" to file a complaint, which means someone who claims to have been harmed or adversely affected by noncompliance; the rule itself does not define the term further, so the nature of the grievance should be described in the written complaint—see 1912.43(b).

  • Practical tip: explain how you were harmed or affected (loss, risk, denied rights, etc.) when you file so the Assistant Secretary can determine standing.

Under 1912.43(a), what does the phrase "reasonable time" mean for action on petitions?

Under 1912.43(a), the regulation requires petitions to be considered "in a reasonable time," but it does not define a specific number of days; what is reasonable depends on the circumstances, and OSHA must provide prompt notice of denial—see 1912.43(a).

  • Practical tip: if you believe OSHA is taking an unreasonably long time, follow up in writing requesting status and reference the regulation's requirement for consideration in a reasonable time.

Under 1912.43, who receives the written notice of the disposition of a complaint?

Under 1912.43(b), the written notice of the disposition of a complaint must be provided to the complainant. The regulation requires prompt action on complaints and delivery of a written disposition notice to the person who filed the complaint—see 1912.43(b).

  • Practical tip: make sure your complaint includes accurate contact information so you receive the disposition notice.

Under 1912.43, may advisory committee members file complaints about noncompliance with Part 1912 rules?

Under 1912.43(b), yes—any advisory committee member may file a written complaint with the Assistant Secretary alleging noncompliance with the rules in this part. The statute expressly identifies advisory committee members as eligible complainants in 1912.43(b).

  • Practical tip: advisory committee members should document the alleged noncompliance and file promptly, keeping in mind the 30-day limit.

Under 1912.43(b), what happens if I file a complaint after the 30-day limit?

Under 1912.43(b), complaints must be filed no later than 30 days following the act of alleged noncompliance; filing after that 30-day limit may render the complaint untimely under this regulation because the rule sets 30 days as the maximum filing period—see 1912.43(b).

  • Practical tip: if you missed the 30-day deadline, explain any reasons for delay when you file and consult the agency about whether any exception or alternative remedy applies.