Filing retaliation complaints

An employee who believes they were retaliated against may file a complaint, or have one filed on their behalf. See 1980.103(a).

• This means the person who experienced the alleged retaliation is the protected filer.
• A representative (for example, an attorney, union rep, or family member) may file the complaint for the employee, since the regulation explicitly allows a complaint to be filed on the employee’s behalf.

No special form is required; a complaint can be filed orally or in writing and OSHA will reduce oral complaints to writing. See 1980.103(b).

• If you speak a language other than English, OSHA will accept the complaint in that language.
• If you call or speak to OSHA in person, they will write down your complaint for you.

OSHA will accept the complaint in any language if the complainant cannot file in English. See 1980.103(b).

• This means you can provide the complaint in your preferred language and OSHA will process it.
• If you need help, consider bringing a translator or having a representative file on your behalf.

You should file the complaint with the OSHA office responsible for enforcement in the area where you live or worked, but you may file with any OSHA officer or employee. See 1980.103(c).

• OSHA office addresses and phone numbers are available in local directories and at the OSHA website referenced in the regulation.
• Filing at the local office for your residence or place of employment is recommended for faster handling, but filing elsewhere will not prevent your complaint from being accepted.

A complaint must be filed within 180 days after the alleged violation occurs or within 180 days after the employee became aware of the alleged violation. See 1980.103(d).

• The 180-day period begins either on the date of the adverse action or when you first learned of it, whichever applies.
• If you are unsure when you became aware, document dates and communications to support the filing timeline.

The date of filing is the date of the postmark, facsimile transmittal, electronic communication transmittal, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office. See 1980.103(d).

• For mailed complaints, the postmark date is the filing date.
• For electronic submissions, the transmission date is the filing date; keep records such as sent receipts or delivery confirmations.

OSHA may equitably toll the 180-day filing period if the complainant mistakenly files with another agency within 180 days, so the time can be extended in warranted circumstances. See 1980.103(d).

• "Equitable tolling" means OSHA can excuse a late filing when the complainant reasonably relied on another agency.
• You should file with OSHA as soon as you realize the mistake and keep documentation showing when and where you first filed.

Yes, you can start your complaint by telephone, and the oral complaint will be reduced to writing by OSHA. See 1980.103(b).

• When you call, record the date, time, and the name of the person you spoke with.
• OSHA will convert your oral statement into a written complaint for its records and processing.

You can find addresses and telephone numbers for local OSHA officials in local directories and on the OSHA website referenced in the regulation. See 1980.103(c).

• If you prefer, you may file with any OSHA officer or employee regardless of location, and they will forward it appropriately.
• Keep a record of where and how you filed (office name, address, phone number, date) for your case file.

The 180-day filing period may start on the date you became aware of the alleged violation, so if you discovered it later, the clock begins on that discovery date. See 1980.103(d).

• Keep records showing when you learned of the retaliation (emails, notices, conversations) to support the filing date.
• If discovery is complicated, consider filing as soon as possible and explain the discovery timeline in your complaint.

OSHA will accept the complaint in any language, which means they will process complaints submitted in languages other than English. See 1980.103(b).

• If needed, bring a translator or representative who can help communicate your complaint clearly.
• Retain copies or records in your language and any translated versions you provide.

Yes, delivery to a third-party commercial carrier is considered the date of filing, which means the date you handed the complaint to the carrier counts as the filing date. See 1980.103(d).

• Obtain a dated receipt or tracking number from the carrier and keep it with your records.
• This protects your filing date if there is any dispute about timely submission.

Yes; the regulation allows a complaint to be filed on the employee’s behalf, so a union representative or attorney may file the complaint for the employee. See 1980.103(a).

• If a representative files, they should clearly state they are filing on behalf of the named employee and provide contact information.
• The employee’s consent or authorization may be helpful for OSHA’s communications and investigation.