C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1977—DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

29 C.F.R. § 1977.16

Notification of Secretary of Labor's determination

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Section 11(c)(3) provides that the Secretary is to notify a complainant within 90 days of the complaint of his determination whether prohibited discrimination has occurred. This 90-day provision is considered directory in nature. While every effort will be made to notify complainants of the Secretary's determination within 90 days, there may be instances when it is not possible to meet the directory period set forth in section 11(c)(3).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1980–2022 · leading case: Ray MARSHALL, Sec'y of Labor, Petitioner, v. N. L. Indus., INC., Appellee, 618 F.2d 1220 (7th Cir. 1980).
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Ray MARSHALL, Sec'y of Labor, Petitioner, v. N. L. Indus., INC., Appellee, 618 F.2d 1220 (7th Cir. 1980). “Assuming arguendo that defendant could invoke as a defense a provision calling for notification of the complainant, the Secretary’s implementing regulation has in any event construed this provision as merely directory because instances will of course occur where the 90-day…”
Donovan v. Freeway Constr. Co., 551 F. Supp. 869 (D.R.I. 1982). “29 C.F.R. § 1977.16 (1981). The Secretary’s interpretations of the Act are entitled to great weight and are controlling if reasonable.”
Walsh v. United States Postal Serv. (W.D. Pa. 2022). “1980) (citing 29 C.F.R. § 1977.16 ). Thus, courts have rejected the argument that a complaint should be deemed untimely because the Secretary’s investigation exceeded the 90-day time frame in the statute.”
Solis v. Consol. Gun Ranges, 780 F. Supp. 2d 1165 (W.D. Wash. 2011). “§ 24.103 (e). The government argues that the plain language of the deeming regulation requires only that the Secretary satisfy timeliness requirements for investigations, which DOL regulations indicate should be conducted in a timely fashion.”
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