OSHA will notify the respondent and the complainant's employer (if different) and will provide the complainant (or their counsel) and FinCEN with an unredacted copy of the complaint materials. See 1992.104(a), which also explains OSHA will redact materials only as required by the Privacy Act and other confidentiality laws.
OSHA will notify the respondent of the filing of the complaint, the allegations in the complaint, the substance of evidence supporting the complaint, and the respondent's rights under paragraphs (b) and (f) and 1992.110(e). See 1992.104(a) for the full list of what OSHA provides and how redactions are handled under the Privacy Act.
The respondent has 20 days from receipt of OSHA's notice to submit a written statement and any affidavits or documents supporting its position and to request a meeting. See 1992.104(b).
Yes — the respondent may request a meeting with OSHA to present its position, and that request must be made within the same 20-day period for submitting a written statement. See 1992.104(b).
OSHA will ask each party to provide copies of submissions that are pertinent to the complaint to the other parties; if a party does not, OSHA generally will provide them (with redactions as required) at a time that allows the other party to respond. See 1992.104(c).
OSHA will redact materials shared between parties as necessary to comply with the Privacy Act of 1974 and other confidentiality laws before providing them to the other party or that party's counsel. See 1992.104(c).
OSHA conducts investigations to protect the confidentiality of anyone who provided information on a confidential basis (other than the complainant) in accordance with part 70 of this title. See 1992.104(d).
A complainant must make a prima facie showing that protected activity was a contributing factor in the alleged adverse action by alleging facts and either direct or circumstantial evidence supporting four elements: engagement in protected activity; that the respondent knew or suspected the protected activity; that the individual suffered an adverse action; and that the circumstances raise an inference the protected activity contributed to the adverse action. See 1992.104(e)(1)–(3).
Yes — timing can satisfy the required showing if the complaint alleges facts and evidence that give rise to an inference the respondent knew or suspected the protected activity and that the protected activity was a contributing factor, for example when the adverse action occurred shortly after the protected activity. See 1992.104(e)(3).
Yes — a respondent can stop further investigation only by proving by clear and convincing evidence that it would have taken the same adverse action even without the complainant's protected activity. See 1992.104(e)(4).
If the respondent fails to make a timely response or does not carry its burden under paragraph (e)(4), OSHA will proceed with the investigation to confirm or verify the information provided. See 1992.104(e)(5).
If OSHA has reasonable cause, based on information gathered during the investigation, to believe the respondent violated AMLA and that preliminary reinstatement is warranted, OSHA will contact the respondent (or the respondent's counsel) to give notice of the substance of the relevant evidence. See 1992.104(f).
OSHA will provide the respondent with the relevant evidence developed during the investigation, including witness statements (redacted or summarized if necessary to protect confidential informants), and the complainant will receive the same materials that are provided to the respondent. See 1992.104(f).
The respondent must present evidence and request any meetings within 10 business days of OSHA's notification under paragraph (f), or as soon thereafter as OSHA and the respondent can agree if justice requires. See 1992.104(f).
No — the complainant (or the complainant's legal counsel) will receive unredacted copies of the complaint materials, while OSHA may redact materials provided to the respondent or others as necessary under the Privacy Act and confidentiality laws. See 1992.104(a) and 1992.104(c).
Each party will be given an opportunity to respond to the other party's submissions after they are provided (and redacted if necessary) so the recipient has a chance to address the materials. See 1992.104(c).
OSHA will redact witness statements to protect the identity of confidential informants; if redaction would still reveal their identity, OSHA will provide summaries of the statements instead. See 1992.104(f).
If the complaint (on its face and after any necessary interviews) does not make the required prima facie showing, OSHA will notify the complainant (or counsel) and will not commence the investigation. See 1992.104(e).