The Secretary is expected to notify a complainant of the determination within 90 days, but that 90-day period is considered directory (a target) rather than an absolute deadline. See the Notification of Secretary of Labor's determination in 1977.16 and the part overview at 1977.
No — failure to notify within 90 days does not automatically entitle you to relief because the 90-day period is directory and not necessarily jurisdictional. The regulation explains that while OSHA will make every effort to notify complainants within 90 days, there may be instances when that period cannot be met; see 1977.16 and the part overview at 1977.
Yes — the 90-day period is a non-mandatory, directory target and OSHA may take longer when necessary to complete investigations or other required actions. The regulation explains the 90-day provision is directory in nature and that efforts will be made to meet it but delays can occur; see 1977.16.
No — a delay in notifying you about the Secretary’s determination does not by itself change the merits of your discrimination claim; the 90-day rule is a timing guideline rather than a statement about the underlying merits. The regulation characterizes the 90-day provision as directory and notes that delays can occur; see 1977.16.
You will receive formal notification from the Secretary stating whether prohibited discrimination was found, and the regulation expects that notice to be provided within the 90-day target period when possible. The text explains the Secretary is to notify a complainant within 90 days and that the period is considered directory; see 1977.16.
No — leaving the workplace to file a complaint with OSHA generally takes you out of the realm of protected activity under the Act. The July 11, 1983 Letter of Interpretation explains that there is nothing in 1977.12(b)(2) that authorizes an employee to leave the workplace to file a complaint and that leaving the workplace and being absent for the remainder of the shift removed the complainant from protected activity; see the July 11, 1983 Letter of Interpretation and the 1977 overview.
A work refusal is protected only when all the specific conditions listed in 1977.12(b)(2) are present; protection is limited and subject to stringent requirements. The Letter of Interpretation notes that normally a refusal to work is not protected and will be protected only when all the conditions in 1977.12(b)(2) exist; see the July 11, 1983 Letter of Interpretation and the 1977 overview.
No — leaving the workplace after warning your employer generally removes the protection, even if the hazard was life-threatening; the Letter of Interpretation explains that leaving and being absent from the shift took the complainant out of protected activity. The LOI contrasts that with remaining at work and refusing to perform the task, which under more limited circumstances might be protected; see the July 11, 1983 Letter of Interpretation and the 1977 overview.
Yes — if you remained at work, advised your employer of the hazard, and then were discharged for refusing to expose yourself to a life‑threatening hazard, your refusal would in all probability be protected. The Letter of Interpretation states that in such circumstances a work refusal would likely be protected; see the July 11, 1983 Letter of Interpretation and the 1977 overview.
OSHA enforces the regulations as written, and interpretations and litigability are informed by the Agency and the courts, including the Office of the Solicitor. The July 11, 1983 Letter of Interpretation explains that OSHA and its attorneys (Regional and National Office levels) interpret 1977.12 and reach conclusions about litigability; see the July 11, 1983 Letter of Interpretation and the 1977 overview.
No — the regulation treats the 90‑day notification as directory rather than a strict, jurisdictional deadline, so it is a target that OSHA strives to meet rather than a rigid time bar. The text of 1977.16 states the 90-day provision is considered directory and that there may be instances when it cannot be met; see 1977.16.
Yes — the regulation acknowledges that although OSHA will try to notify within 90 days, there may be situations (such as complex investigations) that make meeting the directory period impossible. See 1977.16.
No — employees should not assume every refusal is protected because protection applies only under the strict conditions listed in 1977.12(b)(2); the LOI emphasizes that work refusals are protected only under very stringent conditions. See the July 11, 1983 Letter of Interpretation and the 1977 overview.