Filing retaliation complaints

An employee who believes they were retaliated against under NTSSA or FRSA may file a complaint, and any person may file a complaint on the employee’s behalf. See Who may file in 1982.103(a).

• This covers complaints brought directly by the worker or submitted by a union representative, attorney, family member, or other third party.
• The protection applies only to complaints alleging retaliation in violation of the National Transit Systems Security Act (NTSSA) or the Federal Railroad Safety Act (FRSA). See 1982 Overview for the part title and scope.

No, you do not need a special form; a complaint may be filed orally or in writing and OSHA will reduce oral complaints to writing. See the Nature of filing in 1982.103(b).

• If you speak another language, OSHA will accept the complaint in that language.
• If you give the complaint orally, OSHA staff will write it down for you so it becomes part of the record.

OSHA will accept a complaint in any language if the complainant is unable to file in English. See the language accommodation in 1982.103(b).

• OSHA will document and process the complaint even if submitted in a language other than English.
• If you need language help, contact the local OSHA office for assistance; filing can be done orally in the complainant’s language.

A complaint should be filed with the OSHA office responsible for enforcement in the area where the employee resides or was employed, but it may also be filed with any OSHA officer or employee. See Place of filing in 1982.103(c).

• If you are unsure which office is responsible, you may file at any OSHA office and they will forward it if needed.
• OSHA office addresses and phone numbers are available in local directories and at http://www.osha.gov as stated in 1982.103(c).

You must file within 180 days after the alleged retaliatory violation occurs. See the time limit in 1982.103(d).

• Missing the 180-day deadline can bar OSHA from investigating unless tolling applies (see next question).
• The 180-day window applies to alleged violations of either NTSSA or FRSA.

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 is considered the date of filing. See the filing date rules in 1982.103(d).

• For mailed complaints, keep the postmark as proof of the filing date.
• For faxes, emails, or other electronic transmittals, keep copies and transmission receipts.

Yes, the time for filing may be tolled for reasons supported by applicable case law, and OSHA may consider equitable tolling in appropriate situations. See the tolling provision in 1982.103(d).

• An example given in the rule is equitable tolling when a complainant mistakenly files with another agency within the 180 days.
• Whether tolling applies depends on the facts of the case and relevant precedent; contact OSHA promptly if you believe tolling should apply.

Yes, any person may file the complaint on the employee’s behalf, and the same 180-day filing period applies. See both 1982.103(a) and 1982.103(d).

• If a representative files for you, they should ensure the filing method and date meet the 180-day rule (postmark, fax date, phone call, etc.).
• Keep records of who filed and when to prove timely submission if needed.

OSHA will reduce your oral complaint to writing so it becomes part of the official complaint record. See the procedure described in 1982.103(b).

• Ask the OSHA staff member to confirm the written version accurately reflects your concerns and the dates involved.
• Request a copy or confirmation number so you have proof of the filing and its date.

Yes, the postmark date on mailed complaints is considered the date of filing for the 180-day deadline. See the filing date rules in 1982.103(d).

• Keep the mailed envelope with the postmark as evidence of timely filing.
• If you use a commercial carrier, the carrier’s delivery records can also show the date considered for filing.

OSHA may consider the filing time to be equitably tolled if you mistakenly filed with another agency within 180 days and other tolling conditions are met. See the tolling example in 1982.103(d).

• You should contact OSHA as soon as you realize the mistake and provide evidence of the other agency filing.
• Whether equitable tolling applies depends on case law and the specific facts, so prompt communication with OSHA improves your chances.

Yes, Part 1982 covers procedures for handling retaliation complaints under both the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA). See the Part title in 1982 Overview and the filing rule in 1982.103.

• Make sure your complaint alleges retaliation specifically under NTSSA or FRSA to fall under these procedures.
• If your claim involves other statutes, different filing rules or agencies may apply.

Yes, an electronic communication transmittal is considered the date of filing for the 180-day deadline. See the filing date list in 1982.103(d).

• Keep the email, electronic submission receipt, or other electronic confirmation showing the date and time you sent the complaint.
• If you do not receive an automatic confirmation, follow up with the local OSHA office to confirm receipt.

You should file with the OSHA office responsible for enforcement in the geographical area where you reside or where you were employed; either is acceptable. See Place of filing in 1982.103(c).

• If convenient, you can file at any OSHA office or with any OSHA officer or employee and they will route the complaint appropriately.
• Check local directories or http://www.osha.gov for contact information for the relevant OSHA office.