Filing retaliation complaints

Under 1987.103(a), an employee who believes they were retaliated against may file a complaint, or have someone else file it on their behalf. See Who may file in 1987.103(a).

• This means the complainant can be the worker themselves or any other person (for example, a coworker, family member, or attorney) acting for them.
• The protection covers employees who allege retaliation in violation of the Food Safety Modernization Act (FSMA).

Under 1987.103(b), no special form is required; a complaint can be filed orally or in writing and OSHA will reduce oral complaints to writing. See Nature of filing in 1987.103(b).

• If you file orally, OSHA staff will write down the complaint for you.
• If you cannot file in English, OSHA will accept a complaint in any language.

Under 1987.103(c), you should file the complaint with the OSHA office responsible for the geographic area where you live or worked, but you may file with any OSHA officer or employee. See Place of filing in 1987.103(c).

• OSHA office addresses and phone numbers are listed in local directories and at 1987 general page.
• Filing with any OSHA employee is allowed, and they will forward it to the proper office.

Under 1987.103(d), you must file within 180 days after the alleged retaliatory act. See Time for filing in 1987.103(d).

• The date of filing is the postmark, fax, electronic transmission, phone call, hand-delivery, third-party carrier delivery, or in-person filing date.
• The 180-day period can be tolled in certain circumstances, for example if you mistakenly file with another agency within 180 days.

Under 1987.103(d), the date of filing is the date on the postmark, facsimile, electronic transmission, telephone call, hand-delivery, delivery to a commercial carrier, or in-person filing at an OSHA office. See Time for filing in 1987.103(d).

• Keep evidence like a certified mail receipt, fax confirmation, or email transmission record to prove your filing date.
• If you hand-deliver, get a stamped receipt or written confirmation from the OSHA office.

Under 1987.103(b), OSHA will accept complaints in any language if the complainant cannot file in English. See Nature of filing in 1987.103(b).

• You can bring a translator or ask OSHA to assist with translation.
• OSHA will still reduce oral complaints to writing even when another language is used.

Under 1987.103(a), yes—any person may file a retaliation complaint on behalf of an employee who believes they were retaliated against. See Who may file in 1987.103(a).

• This includes family members, coworkers, union representatives, or attorneys.
• The person filing should provide the employee's information and the facts supporting the alleged retaliation.

Under 1987.103(c) and 1987.103(d), you may file with any OSHA officer or employee, and 1987.103(d) treats a telephone call as a valid filing date. See Place of filing in 1987.103(c) and Time for filing in 1987.103(d).

• If you file by phone, ask OSHA to confirm the filing in writing or request a written copy of the complaint they prepare.
• Note the date and time of your call and the name of the OSHA staff you spoke with.

Under 1987.103(d), the postmark date is considered the filing date, so keep the postmarked envelope or certified mail receipt as proof. See Time for filing in 1987.103(d).

• Use certified mail with return receipt or a commercial carrier with tracking to document the date.
• Keep copies of the complaint and any mailing receipts or tracking records.

Under 1987.103(d), the 180-day filing period may be tolled for reasons supported by applicable case law, and OSHA may toll the period if you mistakenly file with another agency within 180 days. See Time for filing in 1987.103(d).

• If you filed elsewhere by mistake, keep proof of that filing and notify OSHA as soon as possible.
• Contact OSHA promptly to explain the situation and request consideration for tolling.

Under 1987.103(b), OSHA will reduce oral complaints to writing, but the written version is prepared by OSHA staff and should reflect the complaint details you provide. See Nature of filing in 1987.103(b).

• After OSHA writes your complaint, ask for a copy or review it to ensure accuracy.
• If you disagree with how OSHA recorded your complaint, point out corrections immediately and request they be added to the record.

Under 1987.103(c), you can file with any OSHA officer or employee, and OSHA office contact information is available in local directories and on OSHA's website. See Place of filing in 1987.103(c) and 1987 main page.

• If unsure, call OSHA's national or regional office listed online and they will direct you to the right office.
• Filing with any OSHA employee is allowed and will result in your complaint being forwarded appropriately.

Under 1987.103(d), electronic transmission is considered a valid filing method and the date of electronic transmittal is the filing date. See Time for filing in 1987.103(d).

• Save sent email confirmations or transmission receipts as proof of filing date.
• If sending attachments, ensure they are transmitted successfully and keep delivery confirmations.

Under 1987.103(a), an employee who believes they were retaliated against may file a complaint; the provision covers employees who allege retaliation, which can include actions taken after employment ended if tied to protected conduct. See Who may file in 1987.103(a).

• If retaliation occurred while you were employed or because of actions you took as an employee, you should file even if you are no longer employed.
• Provide details showing the adverse action was related to protected FSMA activity.

Under 1987.103(d), filing time may be tolled if you mistakenly file with another agency within the 180-day period, and OSHA may consider that a valid reason to extend the filing deadline. See Time for filing in 1987.103(d).

• Keep records of the mistaken filing (date, agency, and any correspondence) to support a tolling request.
• Other tolling reasons must be supported by applicable case law and explained to OSHA.

Under 1987.103(c), yes—you may file with any OSHA officer or employee, even at a regional office away from your residence, though OSHA suggests filing with the office responsible for the area where you live or worked. See Place of filing in 1987.103(c).

• Filing with a remote office does not prevent OSHA from processing your complaint; they will route it as needed.
• Consider filing with the local office for faster in-person follow-up if you prefer.

Under 1987.103(b), prepare concise facts about the alleged retaliation because OSHA will reduce your oral complaint to writing when you provide it. See Nature of filing in 1987.103(b).

• Have dates, names, locations, and a short description of the alleged retaliatory action ready.
• Note any witnesses and preserve any documents or electronic evidence supporting your claim.

Under 1987.103(d), ignorance of the 180-day deadline does not automatically extend the filing period, but OSHA may toll time for reasons supported by case law, so you should contact OSHA immediately to explain your circumstance. See Time for filing in 1987.103(d).

• Provide any evidence that might support tolling (e.g., communications with other agencies, illness, or other barriers).
• Even if time has passed, contact OSHA because they can advise whether any tolling rules apply in your case.