Under 1983.103(a), who may file a retaliation complaint under CPSIA?
An employee who believes they were retaliated against may file the complaint, and any person may file on the employee's behalf. See Who may file in 1983.103(a).
OSHA 1983.103
Filing retaliation complaints
Subpart A
14 Questions & Answers
Questions & Answers
Under 1983.103(a), what types of persons or businesses can be alleged to have retaliated against an employee?
The complaint can allege retaliation by a manufacturer, private labeler, distributor, or retailer. See Who may file in 1983.103(a).
Under 1983.103(b), do I have to use a special form to file a CPSIA retaliation complaint?
No special form is required; you may file the complaint orally or in writing. See Nature of filing in 1983.103(b).
Under 1983.103(b), what happens if I file my complaint orally?
If you file the complaint orally, OSHA will reduce your oral complaint to writing. See Nature of filing in 1983.103(b).
Under 1983.103(b), can I file a retaliation complaint in a language other than English?
Yes; if you are unable to file the complaint in English, OSHA will accept the complaint in any language. See Nature of filing in 1983.103(b).
Under 1983.103(c), where should I file a retaliation complaint?
You should file with the OSHA office responsible for the area where you reside or were employed, though you may file with any OSHA officer or employee. See Place of filing in 1983.103(c).
Under 1983.103(c), what if I'm not sure which OSHA office covers my area?
You may file with any OSHA officer or employee, and OSHA will accept it; addresses and phone numbers for the correct offices are available in local directories and online. See Place of filing in 1983.103(c).
Under 1983.103(d), what is the deadline to file a CPSIA retaliation complaint?
You must file within 180 days after the alleged retaliation occurs, unless tolling applies. See Time for filing in 1983.103(d).
Under 1983.103(d), what counts as the date of filing for my complaint?
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 will be treated as the filing date. See Time for filing in 1983.103(d).
Under 1983.103(d), can the 180-day filing period be extended?
Yes; the time for filing may be tolled for reasons supported by applicable case law. See Time for filing in 1983.103(d).
Under 1983.103(d), if I send my complaint by commercial carrier, which date matters?
The date you deliver the complaint to a third-party commercial carrier will be considered the date of filing. See Time for filing in 1983.103(d).
Under 1983.103(c), can I file a complaint in person if I am no longer living where I worked?
Yes; you may file with the OSHA office responsible for the area where you now reside or where you were employed, and you may also file in person with any OSHA officer or employee. See Place of filing in 1983.103(c).
Under 1983.103(b), will OSHA help me if I cannot write my complaint myself?
Yes; OSHA accepts oral complaints and will record them in writing, and it will also accept complaints in languages other than English. See Nature of filing in 1983.103(b).
Under 1983.103(a) and 1983.103(d), can a third party file a late complaint on behalf of an employee after 180 days?
A third party may file a complaint on the employee's behalf, but the 180-day filing limit still applies unless tolling is warranted by applicable case law. See Who may file in 1983.103(a) and Time for filing in 1983.103(d).