Filing retaliation complaints

An employee who believes they were retaliated against, or any person filing on that employee's behalf, may file a complaint. See 1984.103(a).

• This means the employee can file personally or authorize someone else (for example, a union representative, family member, or attorney) to file for them.
• The regulation does not require that the filer be the employee personally.

Yes — any person may file a complaint on an employee's behalf. See 1984.103(a).

• The regulation’s phrase "or have filed by any person on the employee's behalf" covers representatives such as union officials or attorneys.
• OSHA does not require a specific form of authorization in the text, but having written authorization can help avoid delays.

No — there is no particular form required; complaints may be filed orally or in writing. See 1984.103(b).

• If you file orally, OSHA will reduce the complaint to writing for you.
• You should provide as much detail as you can (names, dates, facts) even though a special form is not required.

Yes — OSHA will accept complaints in any language if the complainant cannot file in English. See 1984.103(b).

• If you speak another language, tell the OSHA employee and they will accept and process the complaint in that language.
• OSHA will reduce oral complaints to writing even when taken in another language.

You should file with the OSHA office responsible for enforcement in the geographical area where you live or worked, but you may file with any OSHA officer or employee. See 1984.103(c).

• If you’re unsure which OSHA office covers your area, the regulation says addresses and phone numbers are in local directories and on OSHA’s website.
• Filing with any OSHA employee is allowed, and OSHA will route the complaint to the correct office.

You must file the complaint within 180 days after the alleged retaliation occurred. See 1984.103(d).

• The 180-day period starts on the date of the alleged violation of section 18C of the FLSA.
• If you miss the deadline you may lose the right to have OSHA investigate unless a recognized tolling reason applies.

The following will be considered the date of filing: the postmark date, 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 1984.103(d).

• If you mail your complaint, the postmark date is the filing date.
• If you send it by fax or email, the date the transmission occurs is the filing date.
• Delivering the complaint to a courier (third-party commercial carrier) also establishes the filing date.

Yes — the postmark date will be considered the date of filing. See 1984.103(d).

• Keep the mailed item’s receipt or take a photograph of the postmark as evidence of timely filing.

Yes — a facsimile or electronic communication transmittal will be considered the date of filing. See 1984.103(d).

• Save transmission confirmations, timestamps, or delivery receipts as proof of the filing date.

Yes — a telephone call that reports a complaint will be considered filed, and OSHA will reduce oral complaints to writing. See 1984.103(b) and 1984.103(d).

• When you call, note the date, time, and name of the OSHA employee you spoke with.
• OSHA’s written record from the call will serve as the formal complaint document.

Yes — the regulation allows the time for filing to be tolled for reasons warranted by applicable case law. See 1984.103(d).

• The regulation gives an example: OSHA may equitably toll the period if a complainant mistakenly files with another agency instead of OSHA within 180 days of becoming aware of the alleged violation.
• Whether tolling applies depends on the specific facts and relevant case law, so provide any supporting facts when you file.

OSHA may consider the filing period equitably tolled if you mistakenly file with another agency within the 180-day period. See 1984.103(d).

• To help OSHA consider tolling, keep proof of the other agency filing (dates, copies) and explain the mistake when you contact OSHA.
• Tolling is not automatic; OSHA evaluates tolling under applicable case law.

Yes — you may file with any OSHA officer or employee, and OSHA will handle routing to the proper office. See 1984.103(c).

• The regulation also notes that local office addresses and phone numbers are available in local directories and on OSHA’s website.
• Filing with any OSHA staff avoids delay if you cannot find the correct regional office immediately.

When a complaint is filed orally, OSHA will reduce the oral complaint to writing. See 1984.103(b).

• Reducing to writing ensures there is a formal record of the complaint’s content and the date it was filed.
• After OSHA writes down the complaint, keep a copy or record of the written summary they prepare.

Yes — delivery to a third-party commercial carrier will be considered the date of filing. See 1984.103(d).

• Keep the carrier’s pickup receipt or tracking information showing the date you handed over the package as proof of timely filing.
• The regulation treats that delivery date the same as a postmark or electronic transmittal for filing purposes.

OSHA gives the example that the filing period may be equitably tolled if a complainant mistakenly files with another agency instead of OSHA within 180 days after becoming aware of the alleged violation. See 1984.103(d).

• This example shows that OSHA will consider factual situations that justify extending the filing deadline under applicable case law.
• If you think tolling applies, provide documentation of the mistaken filing when you contact OSHA.

Document the filing method, date, and any confirmation you receive — for example, a postmark, fax/email transmission receipt, phone call record, hand-delivery receipt, or courier pickup receipt — because those establish your filing date. See 1984.103(d) and 1984.103(b).

• Keep copies of the complaint, any transmission confirmations, and names of OSHA staff you dealt with.
• If you filed in another agency by mistake, keep that agency’s filing proof to support any tolling request.