Petitions and complaints process

Yes — any interested person has the right to petition for the issuance, amendment, or repeal of rules under 1912a.14(a).

• You do not have to be a government official or a committee member; the rule uses the broad term “interested person.”
• Petitions will be considered within a reasonable time, and you should expect prompt action or notice of denial.

See 1912a.14(a) for the specific text.

OSHA must consider a petition in a reasonable time and, if it denies the petition in whole or in part, must give prompt notice of that denial — normally with a brief statement of reasons — under 1912a.14(a).

• The notice of denial must be prompt.
• Except when the notice simply affirms a prior denial or the denial is self-explanatory, OSHA must include a short explanation of why the petition was denied.

See 1912a.14(a).

OSHA may omit the brief statement of reasons when the denial simply affirms a prior denial or when the denial is self-explanatory, as allowed by 1912a.14(a).

• In those two situations OSHA is not required to attach an additional explanation to the denial notice.
• For other denials OSHA must provide a short statement of reasons.

See 1912a.14(a).

An advisory committee member or any other aggrieved person may file a written complaint under 1912a.14(b).

• “Aggrieved person” generally means someone who has been directly affected by the alleged noncompliance.
• Advisory committee members are explicitly permitted to file complaints.

See 1912a.14(b).

A complaint must be filed no later than thirty (30) days following the day on which the act of alleged noncompliance occurred, per 1912a.14(b).

• This 30-day limit is absolute: complaints filed after that period are untimely under the rule.
• It is best to file as soon as possible after the act to avoid disputes about timeliness.

See 1912a.14(b).

You should expect the complaint to be acted upon promptly and to receive a written notice of the disposition, as required by 1912a.14(b).

• “Acted upon promptly” means OSHA will process the complaint without undue delay.
• The written notice will inform you of the outcome or disposition of your complaint.

See 1912a.14(b).

Petitions and complaints should reference 1912a.14 and be filed and addressed to the Assistant Secretary of Labor for Occupational Safety and Health at the United States Department of Labor in Washington, D.C. 20210, according to 1912a.14(c).

• Include a clear reference to 1912a.14 on the document itself.
• Mailing address (as stated in the rule): Assistant Secretary of Labor for Occupational Safety and Health United States Department of Labor Washington, D.C. 20210.

See 1912a.14(c).

No — 1912a.14 does not prescribe a specific form or format for petitions or complaints, but it requires that they reference 1912a.14 and be filed and addressed as stated in 1912a.14(c).

• Although there is no mandated template, practical filings should clearly describe the action requested or the alleged noncompliance and include the reference to 1912a.14.
• Follow the address instructions in 1912a.14(c) when submitting the document.

See 1912a.14(c).

Yes — any other aggrieved person (not just advisory committee members) may file a written complaint under 1912a.14(b).

• The rule explicitly allows both advisory committee members and other aggrieved persons to file.
• Make sure the complaint is timely (within 30 days of the act) and references 1912a.14.

See 1912a.14(b).

The rule requires that petitions be considered within a reasonable time, meaning OSHA must review and act on petitions without undue delay under 1912a.14(a).

• The standard does not set a fixed deadline, but it does require prompt notice of any denial.
• If you believe OSHA has unreasonably delayed, you should note the rule’s requirement in any follow-up correspondence and address submissions to the official listed in 1912a.14(c).

See 1912a.14(a).

You should expect a written notice of the disposition of your complaint after OSHA acts on it, as required by 1912a.14(b).

• The written notice will tell you how the complaint was resolved or what action was taken.
• If you do not receive a disposition, contact the Assistant Secretary at the address in 1912a.14(c) to request a status update.

See 1912a.14(b).

Petitions and complaints should make reference to 1912a.14, and that reference is important because the rule specifically requires it and tells filers where to send documents, per 1912a.14(c).

• Including the reference helps ensure your submission is handled under the correct procedural rule.
• Address the filing to the Assistant Secretary as directed in 1912a.14(c).

See 1912a.14(c).

The rule requires that petitions be considered in a reasonable time and complaints be acted upon promptly, with prompt written notices of denial or disposition, so you should follow up if you receive no response, citing 1912a.14(a) and 1912a.14(b).

• If you have not received a response within a time you consider reasonable, send a polite inquiry to the Assistant Secretary at the address listed in 1912a.14(c).
• Keep copies and dates of all filings and follow-up communications to document timeliness and attempts to obtain a disposition.

See 1912a.14(a) and 1912a.14(b).