Definitions for retaliation complaints

Under 24.101, a "Complainant" is the employee who filed a complaint under any of the statutes listed in 24.100(a) or the employee on whose behalf a complaint was filed.

• This means the complainant can be the actual worker who alleges retaliation or the worker for whom someone else (for example, a representative or union) files the complaint.
• Identifying the complainant matters for who receives case notices and who can participate in the investigation under 24.101.

Under 24.101, the "Respondent" is the employer named in the complaint who is alleged to have violated any of the statutes listed in 24.100(a).

• Only the employer(s) specifically named in the complaint are considered respondents for that filing.
• If multiple employers are named, each named employer is a respondent for purposes of that complaint, subject to the allegations in the filing and investigation under 24.101.

Under 24.101, "Business days" means days other than Saturdays, Sundays, and Federal holidays.

• When the procedures in 24 refer to business-day timeframes, you should not count Saturdays, Sundays, or Federal holidays in the deadline calculation.

Under 24.101, the "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health or the person(s) to whom he or she delegates authority under any of the statutes listed in 24.100(a).

• Delegation means the Assistant Secretary may authorize other officials or staff to perform duties or make decisions under those statutes, so actions signed or made by delegated officials are authorized under the regulation.
• For practical purposes, look for who signed or issued a decision to confirm delegation, since the definition recognizes delegated authority under 24.101.

Under 24.101, the "Secretary" means the Secretary of Labor or the person(s) to whom authority under any of the statutes listed in 24.100(a) has been delegated.

• The Secretary is the head of the Department of Labor, while the Assistant Secretary is the head of OSHA; both definitions expressly allow actions by officials to whom authority has been delegated.
• This distinction matters when determining whose signature or decision carries legal authority in the handling of retaliation complaints under 24.101.

Under 24.101, "OSHA" means the Occupational Safety and Health Administration of the United States Department of Labor.

• This definition identifies the agency responsible for handling retaliation complaints under the procedures in Part 24.

Under 24.101, the procedures apply to complaints brought under the federal employee protection provisions listed in 24.100(a).

• To see the specific statutes covered (for example, whistleblower protections in particular environmental statutes and Section 211 of the Energy Reorganization Act), consult the list in 24.100(a).

Under 24.101, each employer named in the complaint who is alleged to have violated the statutes listed in 24.100(a) is a Respondent.

• Practically, that means a single complaint can generate multiple respondents if it names more than one employer; each named employer will be treated as a respondent for investigation and response purposes.

Under 24.101, the Complainant is the employee on whose behalf a complaint was filed even if another person submitted the paperwork.

• This ensures the worker whose rights are at issue is recognized as the complainant for notices and participation in the process governed by 24.101.

Under 24.101, Saturdays, Sundays, and Federal holidays are excluded from the term "Business days."

• Therefore, when calculating filing or response deadlines defined in business days, do not count those weekend days or Federal holidays against the deadline.

Under 24.101, the definitions include delegation language to make clear that duties and authority under the listed statutes may be carried out by officials to whom the Secretary or Assistant Secretary has legally delegated authority.

• That delegation language means actions, decisions, or signatures by delegated officials are valid under the procedures in Part 24, so practitioners should check who signed documents or made decisions to confirm proper authority.