Filing retaliation complaint

Under 1988.103(a) any person who believes they were discharged or otherwise retaliated against in violation of MAP-21 may file a complaint. See 1988.103(a).

• This includes the worker who experienced the adverse action.
• Complaints may also be filed by someone acting on the worker’s behalf (see next question).

Under 1988.103(a) yes — a complaint may be filed or have been filed by any person on behalf of the individual who believes they suffered retaliation. See 1988.103(a).

• A family member, coworker, union representative, attorney, or other designated person may file for the affected worker.
• The complaint should include enough information for OSHA to identify the alleged adverse action and the complainant.

Under 1988.103(b) no particular form is required — a complaint may be filed orally or in writing. See 1988.103(b).

• If you provide the complaint orally, OSHA will write it down for you.
• You can use phone, in-person, mail, fax, or electronic submission as appropriate (see other answers for specifics).

Under 1988.103(b) yes — OSHA will accept complaints in any language if the complainant cannot file in English. See 1988.103(b).

• OSHA will reduce oral complaints to writing, and it will accept written complaints in other languages.
• If needed, OSHA can arrange translation or interpretation to process the complaint.

Under 1988.103(c) you should file the complaint with the OSHA office responsible for enforcement where you live or were employed, but you may also file it with any OSHA officer or employee. See 1988.103(c).

• Filing with the local OSHA office that covers the geographic area of your residence or workplace typically makes routing and investigation faster.
• If you cannot find the local office, you may file with any OSHA employee and they will forward it to the correct office.

Under 1988.103(c) you may file with any OSHA officer or employee — you are not required to file at a specific office. See 1988.103(c).

• Any OSHA employee who receives a complaint will ensure it is routed to the correct enforcement office.
• For faster handling, you can file directly with the OSHA office that covers your geographic area.

Under 1988.103(d) the complaint must be filed within 180 days after the alleged MAP-21 violation (adverse action) occurs. See 1988.103(d).

• Missing the 180‑day deadline can bar OSHA from investigating unless tolling applies (see next question).

Under 1988.103(d) the date of filing is the date on 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 1988.103(d).

• Keep written proof (postmark receipt, fax confirmation, email transmission record, carrier tracking number, or a receipt from the OSHA office) to document your filing date.
• For phone filings, note the date and time and ask OSHA to confirm the complaint in writing.

Under 1988.103(d) yes — the 180-day filing period may be tolled for reasons supported by applicable case law, such as when a complainant mistakenly files with another agency within the 180-day period. See 1988.103(d).

• Tolling is fact-specific and depends on legal principles (for example, equitable tolling) and the circumstances that prevented timely filing with OSHA.
• If you believe tolling applies, explain the reasons clearly when you file and provide supporting documentation.

Under 1988.103(d) yes — OSHA may consider the filing time tolled if the complainant mistakenly filed with an agency other than OSHA within 180 days of the alleged adverse action. See 1988.103(d).

• You should provide evidence of the mistaken filing and the date it was made so OSHA can evaluate tolling.
• OSHA evaluates tolling based on applicable case law and the specific facts of the situation.

Under 1988.103(b) and 1988.103(c) yes — OSHA accepts complaints in any form (oral or written) and you may file with any OSHA employee or office, so phone, electronic transmission, fax, mail via a third-party carrier, or in-person filing are all acceptable. See 1988.103(b) and 1988.103(c).

• Make sure to obtain proof of transmission (fax confirmation, email header, tracking number, or carrier receipt) to document your filing date under 1988.103(d).

Under 1988.103(d) you should keep the transmission record (fax confirmation, email transmission header, or carrier tracking and delivery receipt) because the regulation treats those records as the filing date. See 1988.103(d).

• For fax: save the fax confirmation page showing date and time.
• For email: save the sent message with server timestamp or delivery/read receipt.
• For commercial carrier: save the tracking number and delivery receipt showing date and recipient.

Under 1988.103(c) you can find the appropriate OSHA office in local directories or at OSHA’s website; OSHA instructs complainants to use those resources to locate the enforcement office covering their area. See 1988.103(c) and 1988.

• Visit OSHA’s main website or call the national OSHA number to get the address and telephone number for your regional or local office.

Under 1988.103(b) OSHA will reduce oral complaints to writing when received. See 1988.103(b).

• After OSHA records the oral complaint, you should ask for a copy or confirmation of what was recorded and the filing date.
• Keeping your own notes about the call (date, time, who you spoke with, and main facts) will help if there are later questions about timing or content.

Under 1988.103(a) the rule allows complaints against any person who discharged or otherwise retaliated against a person in violation of MAP-21 — the retaliator need not be the complainant’s employer specifically. See 1988.103(a).

• The key is whether the adverse action violated the protections of MAP-21, regardless of whether the actor is an employer, contractor, or other person.