1989 Subpart A
Any person who believes they were discharged or otherwise retaliated against may file a complaint under the TFA. The rule’s plain language allows the complainant to file personally or have someone file on their behalf, as stated in 1989.103(a).
Yes, a complaint may be filed by someone on behalf of another person. The regulation explicitly says a person "may file, or have filed by any person on their behalf, a complaint alleging such retaliation," as stated in 1989.103(a).
No, a complaint does not have to be in writing; OSHA accepts both oral and written complaints. The rule says no particular form is required and that "A complaint may be filed orally or in writing," and OSHA will reduce oral complaints to writing, as described in 1989.103(b).
Yes, OSHA will accept a complaint in any language if the complainant cannot file in English. The regulation states: "If the complainant is unable to file the complaint in English, OSHA will accept the complaint in any language," as found in 1989.103(b).
You should file the complaint with the OSHA office responsible for the area where you live or worked, but you may file with any OSHA officer or employee. The rule advises filing with the appropriate local OSHA office but allows filing with any OSHA official, as stated in 1989.103(c).
Yes, you can file a complaint online or in person; the regulation permits filing with any OSHA officer or office and also notes the option for online filing. See 1989.103(c) for the filing locations and options.
You can find OSHA office addresses and phone numbers in local directories or on the OSHA website, as the rule indicates. The regulation directs you to local directories and OSHA’s website for contact information, as noted in 1989.103(c).
A complaint must be filed within 180 days after the alleged retaliatory action occurs. The regulation states: "Within 180 days after an alleged violation of TFA occurs, any person... may file a complaint," as specified in 1989.103(d).
The official filing date is the date of postmark, facsimile transmittal, electronic filing or transmittal, telephone call, hand-delivery, delivery to a commercial carrier, or in-person filing at an OSHA office. The regulation lists these methods as acceptable for determining the filing date, as described in 1989.103(d).
Yes, the filing period can be tolled for reasons supported by applicable case law. The regulation explicitly allows tolling for warranted reasons and gives the example that OSHA may toll the time if a complainant mistakenly files with another agency within the 180-day period, as stated in 1989.103(d).
Yes, a telephone report to OSHA will be considered the date of filing. The regulation states that the date of a telephone call will be considered the date of filing, and it also explains that OSHA will reduce oral complaints to writing, as noted in 1989.103(b) and 1989.103(d).
Yes, you may file your complaint with any OSHA officer or employee; the regulation allows filing with any OSHA official even if they are not the local office responsible for your area. See 1989.103(c).
Yes, OSHA will reduce an oral complaint to writing. The regulation states that oral complaints will be reduced to writing by OSHA, as described in 1989.103(b).
Yes, a former employee may still file a TFA complaint, but it must be filed within 180 days of the alleged retaliatory action unless tolling applies. The regulation allows any person who believes they were retaliated against to file, and it sets the 180-day filing period, as explained in 1989.103(a) and 1989.103(d).
OSHA may consider the filing period tolled if you mistakenly filed with another agency within the 180-day period, so your OSHA complaint may still be timely. The regulation gives this exact example and permits tolling when warranted, as stated in 1989.103(d).
You can read the full filing rules in OSHA’s regulation on filing retaliation complaints at 1989.103. That section contains the rules on who may file, the form of filing, where to file, and the time limits for filing.