Filing retaliation complaints

Yes. A covered individual who believes they were discharged or otherwise retaliated against by any employer in violation of CAARA may file a complaint, and anyone may file a complaint on that person's behalf. See 1991.103(a).

• This means the person affected can file personally or authorize another person (for example, an attorney or representative) to file for them.
• The protection is focused on covered individuals who claim discharge or other retaliation under CAARA.

Yes. Any person may file a complaint on behalf of a covered individual who believes they were retaliated against under CAARA. See 1991.103(a).

• Filing on someone else's behalf can include attorneys, family members, unions, or advocates acting with the complainant's consent.
• OSHA will treat such filings as complaints alleging retaliation by an employer against the covered individual.

No. No particular form is required to file a CAARA complaint; it may be filed orally or in writing. See 1991.103(b).

• If you give the complaint orally, OSHA will reduce it to writing for the record.
• Employers or employees do not have to use a special form or format to start the complaint process.

Yes. OSHA will accept a complaint in any language if the complainant is unable to file in English. See 1991.103(b).

• This applies whether the complaint is oral or written.
• If you need help, OSHA will accommodate filing in the complainant's language so the complaint can be processed.

File the complaint with the OSHA office responsible for enforcement in the area where you live or worked, but you may also file it with any OSHA officer or employee. See 1991.103(c).

• Addresses and phone numbers for local OSHA officials are available in local directories and on OSHA's website at 1991.
• You do not have to wait to find a particular office: any OSHA officer or employee can accept the complaint.

Yes. Complaints may be filed with any OSHA officer or employee and complaints can also be filed online. See 1991.103(c).

• If you are near an OSHA office you can file in person, but OSHA staff at other locations can accept your complaint as well.
• The regulation explicitly notes online filing as an option in addition to in-person and other methods.

You must file within 180 days after the alleged retaliation occurred. See 1991.103(d).

• The 180-day clock generally starts on the date the adverse action happened (for example, the discharge date).
• Timely filing is important to preserve OSHA's ability to investigate the complaint.

The date of the postmark, facsimile transmittal, electronic filing or transmittal, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office will be considered the date of filing. See 1991.103(d).

• Examples: a complaint mailed and postmarked within 180 days is timely; a fax or email sent within 180 days is timely; a phone call on day 180 is timely.
• Keep records (postmark, fax confirmation, delivery receipt, or a note of the phone call) to document the filing date if timing is disputed.

Yes. A complaint that is mailed and postmarked within the 180-day period is considered filed on the postmark date even if it is received later. See 1991.103(d).

• Retain the envelope or a copy showing the postmark to prove timely filing.
• The regulation explicitly treats postmark as the filing date to protect complainants using mail.

Yes. Delivery to a third-party commercial carrier (for example, common carrier or courier) will be considered the date of filing. See 1991.103(d).

• Keep the carrier's receipt or tracking information as proof of the shipment date.
• This protects complainants who use courier services to submit their complaints.

Yes. You may file a complaint by telephone, OSHA will reduce oral complaints to writing, and the date of the telephone call is considered the date of filing. See 1991.103(b) and 1991.103(d).

• When filing by phone, note the date and time and ask for the name of the OSHA staff who accepted the call.
• OSHA's written record created from the oral complaint will document the information you provided.

Yes. The time for filing may be tolled for reasons supported by applicable case law; for example, OSHA may toll the 180-day period if the complainant mistakenly files with another agency within 180 days. See 1991.103(d).

• Tolling depends on the facts and applicable legal precedent, so explain circumstances clearly when asserting tolling.
• Examples that may support tolling include timely but misdirected filings with the wrong agency or other circumstances preventing timely filing.

Being discharged or otherwise retaliated against by an employer is covered; the rule allows complaints alleging discharge or other retaliation in violation of CAARA. See 1991.103(a).

• "Discharged" is explicitly listed; "otherwise retaliated against" includes a range of adverse employment actions (for example, demotion, suspension, pay cut) that are retaliatory in nature.
• If you believe an adverse action was because you engaged in protected activity under CAARA, you may file a complaint.

You may file with any OSHA officer or employee and you can find local OSHA addresses and phone numbers in local directories and on OSHA's website. See 1991.103(c).

• If you cannot locate a local office, submit the complaint online or give it to any OSHA staff member who will route it to the correct office.
• Keep a record of where and to whom you gave the complaint so you can document the filing.