Filing retaliation complaints

Under 24.103(a), an employee who believes they were retaliated against by an employer may file a complaint. Any person may also file a complaint on the employee's behalf, so the employee does not have to submit it personally.

Yes. Under 24.103(a), a complaint may be filed by the employee or "have [been] filed by any person on the employee's behalf," so a family member, coworker, attorney, or other representative can file for the employee.

No special form is required. Under 24.103(b), a complaint may be filed orally or in writing and OSHA will reduce oral complaints to writing.

Yes. Under 24.103(b), if a complainant cannot file in English, the complaint may be filed in any language and OSHA will process it.

You should file with the OSHA Area Director responsible for the area where you live or worked, but you may file with any OSHA officer or employee. See 24.103(c) for this guidance and check local OSHA listings or 24 for contact information.

Under 24.103(d)(1), you generally must file within 30 days after the alleged retaliatory decision has been both made and communicated to you. The regulation lists several methods that establish the filing date (postmark, fax, e-mail, phone call, hand-delivery, third-party carrier, or in-person filing).

Under 24.103(d)(2), complaints brought under the Energy Reorganization Act must generally be filed within 180 days after the retaliatory decision has been both made and communicated to the complainant.

The clock starts when the retaliatory decision has been both made and communicated to the complainant. This is stated in 24.103(d)(1) (and 24.103(d)(2) for ERA). In other words, the period begins when you learn of the employer’s final decision affecting you.

OSHA treats the date of the postmark, facsimile transmittal, e-mail communication, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office as the date of filing, per 24.103(d)(1).

Yes. 24.103(d)(1) states the time for filing may be tolled for reasons warranted by applicable case law, meaning courts or precedent can justify pausing the filing deadline in appropriate circumstances.

Under 24.103(e), a complaint filed under any statute listed in 24.100(a) that also alleges facts constituting a violation of Section 11(c) will be treated as a complaint under both Part 24 and Section 11(c) (29 U.S.C. 660(c)). Normal procedures and deadlines for each statute will apply.

Under 24.103(e), a complaint filed under Section 11(c) that also alleges facts that would violate a statute listed in 24.100(a) will be deemed to be a complaint under both Section 11(c) and the applicable Part 24 statute, and OSHA will follow the normal procedures and timeliness rules for each.

You can file with any OSHA officer or employee; however, 24.103(c) notes the complaint should be filed with the OSHA Area Director responsible for the geographic area where you reside or worked. Filing with any OSHA staff member is still acceptable.

If you mail your complaint, OSHA will consider the postmark date as the date of filing, as specified in 24.103(d)(1). This is consistent with 24.103(b) which allows written filings and with the list of acceptable filing methods.

Yes — you can file after leaving the job. The time limits in 24.103(d)(1) (30 days) or 24.103(d)(2) (180 days for ERA) run from when the retaliatory decision was both made and communicated to you, not from your separation date, so you may still have time after leaving employment.

OSHA will reduce oral complaints to writing and will accept complaints in any language, as stated in 24.103(b). This means OSHA will document your oral statement even if you speak a language other than English.