Filing retaliation complaints

A seaman who believes they were retaliated against may file a complaint alleging the retaliation. See 1986.103(a).

• A complaint may also be filed by any person on the seaman’s behalf, so the seaman does not have to submit it personally.
• This provision covers complaints alleging retaliation in violation of the SPA.

Yes — any person may file a SPA retaliation complaint on a seaman’s behalf. See 1986.103(a).

• The regulation explicitly allows a complaint to be filed by a third party for the seaman.
• OSHA will treat that filing the same as if the seaman filed it themselves.

A complaint can be filed either orally or in writing; no particular form is required. See 1986.103(b).

• If you give an oral complaint, OSHA will reduce it to writing for the record.
• Because no specific form is required, you can describe the retaliation in your own words.

Yes — OSHA will accept a complaint in any language if the seaman is unable to file in English. See 1986.103(b).

• This ensures non‑English‑speaking seamen can submit complaints without an English requirement.
• OSHA will handle translation or take steps to document the complaint regardless of language.

OSHA will reduce an oral complaint to writing for the record. See 1986.103(b).

• That written version becomes the formal complaint document used for investigation and processing.
• If needed, the complainant can review or clarify the written summary OSHA creates.

A seaman should file the complaint with the OSHA office responsible for enforcement in the area where the seaman resides or was employed, although it may be filed with any OSHA officer or employee. See 1986.103(c).

• Filing locally is preferred because that office handles enforcement in the relevant geographic area.
• Filing with any OSHA officer or employee is allowed and will be routed appropriately.

You may file the complaint with any OSHA officer or employee; OSHA will accept it and route it to the proper office. See 1986.103(c).

• Although any OSHA employee can take the complaint, the preferred practice is to file with the office that handles enforcement in the area where you live or worked.
• Once filed, OSHA will handle the complaint according to normal procedures.

OSHA office addresses and telephone numbers are listed in local directories and on OSHA’s website. See 1986.103(c).

• Check local government phone directories or go to OSHA’s main website to locate the regional or area office that serves your location.
• If you cannot find the information, any OSHA officer or employee will accept your complaint and direct it to the correct office.

A complaint must be filed not later than 180 days after the alleged retaliation occurred. See 1986.103(d).

• The 180‑day clock starts on the date the alleged retaliatory act took place.
• Missing the 180‑day deadline can bar the claim unless tolling applies under applicable case law.

The date of filing can be 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 1986.103(d).

• This broad rule lets you meet the deadline by using many common delivery methods.
• Keep proof of the transmission or delivery (postmark, fax header, email timestamp, carrier receipt, etc.) to show timely filing.

Yes — the time for filing may be tolled for reasons supported by applicable case law. See 1986.103(d).

• Tolling is a legal doctrine that can pause or extend filing deadlines in specific circumstances (for example, if the complainant could not reasonably file sooner).
• Whether tolling applies depends on the facts of each case and relevant court decisions.

If a complaint alleges facts that would violate both SPA and section 11(c), OSHA will treat the filing as a complaint under both statutes. See 1986.103(e).

• The complaint will be processed under the normal procedures and timeliness rules of each statute.
• This means OSHA may apply both SPA procedures and section 11(c) procedures to the same factual allegations.

Yes — a complaint filed under section 11(c) that alleges facts also constituting an SPA violation will be deemed to be filed under both SPA and section 11(c). See 1986.103(e).

• OSHA will follow the normal procedures and deadlines applicable to both statutes.
• The statutory cross‑treatment ensures seamen receive protection under both laws when facts overlap.

Yes — a facsimile transmittal or electronic communication transmittal on day 180 will be considered the date of filing. See 1986.103(d).

• Preserve the fax header or electronic timestamp as proof of timely filing.
• If there is any question about receipt, follow up with OSHA to confirm the complaint was logged.

Yes — delivery to a third‑party commercial carrier before the 180‑day deadline is considered the date of filing. See 1986.103(d).

• Keep the carrier receipt or shipping record showing the date you handed the package to the carrier.
• That record is proof that you met the filing deadline even if OSHA receives it later.