Subpart A
Anyone who believes they were discharged or otherwise retaliated against may file a complaint, and someone else may file the complaint for them. See 1985.103(a) for the rule allowing the complainant or any person filing on the complainant’s behalf.
Yes. A complaint may be filed by any person on the complainant’s behalf if the complainant asks or is unable to file personally. The rule is stated in 1985.103(a).
No. No specific form is required — complaints may be filed orally or in writing. See 1985.103(b), which also explains that OSHA will reduce oral complaints to writing.
Yes. OSHA will accept complaints in any language if the complainant cannot file in English. This accommodation is specified in 1985.103(b).
You should file the complaint with the OSHA office responsible for enforcement where you live or where you worked, although you may also file elsewhere with any OSHA officer or employee. See 1985.103(c) for the filing location guidance.
Yes. The regulation allows filing with any OSHA officer or employee, not only the office for your geographic area. See 1985.103(c).
You can find the appropriate office contact information in local directories or on OSHA’s website as suggested in the rule. See 1985.103(c) for the direction to consult local directories and the OSHA site for addresses and telephone numbers.
You must file within 180 days after the alleged retaliatory act occurs. This filing deadline is established in 1985.103(d).
OSHA counts the date of postmark, facsimile transmittal, electronic communication transmittal, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing as the date of filing. Those methods are listed in 1985.103(d).
Yes. A complaint postmarked within 180 days is considered filed on the postmark date, so it is timely. This is explicitly stated in 1985.103(d).
Yes. The time for filing may be tolled for reasons supported by applicable case law; for example, OSHA may equitably toll the deadline if a complainant mistakenly files with another agency within the 180 days. See 1985.103(d) for the tolling guidance and example.
Yes. Oral complaints are accepted and reduced to writing, and a telephone call is listed as one method that establishes the filing date. See both 1985.103(b) and 1985.103(d).
Yes. Facsimile transmittal and electronic communication transmittal are explicitly listed as methods that count for the filing date. See 1985.103(d).
Being discharged or otherwise retaliated against in violation of the CFPA are the types of adverse actions covered and can be the basis for filing. This scope is described in 1985.103(a).
Yes. The regulation allows any person to file a complaint on the complainant’s behalf, which includes union representatives or attorneys acting for the employee. See 1985.103(a).
Yes. The regulation permits filing with any OSHA officer or employee, and hand-delivery is listed as a method that sets the filing date. See both 1985.103(c) and 1985.103(d).
OSHA may equitably toll the 180-day filing period if you mistakenly filed with another agency within the 180 days, so the filing time can be extended in those circumstances. This equitable tolling example is discussed in 1985.103(d).
OSHA will reduce your oral complaint to writing so there is a formal record of the allegation. That process is described in 1985.103(b).
Yes. Delivery to a third-party commercial carrier is specifically listed as one of the methods whose delivery date is treated as the filing date. See 1985.103(d).