C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1978—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED › Subpart A—Complaints, Investigations, Findings, and Preliminary Orders

29 C.F.R. § 1978.103

Filing of retaliation complaints

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(a) Who may file. An employee who believes that he or she has been retaliated against by an employer in violation of STAA may file, or have filed by any person on the employee's behalf, a complaint alleging such retaliation.

(b) Nature of filing. No particular form of complaint is required. A complaint may be filed orally or in writing. Oral complaints will be reduced to writing by OSHA. If the complainant is unable to file a complaint in English, OSHA will accept the complaint in any other language.

(c) Place of filing. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed, but may be filed with any OSHA officer or employee. Addresses and telephone numbers for these officials are set forth in local directories and at the following Internet address: http://www.osha.gov.

(d) Time for filing. Within 180 days after an alleged violation of STAA occurs, any employee who believes that he or she has been retaliated against in violation of STAA may file, or have filed by any person on the employee's behalf, a complaint alleging such retaliation. The date of the postmark, facsimile transmittal, electronic communication 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. The time for filing a complaint may be tolled for reasons warranted by applicable case law.

(e) Relationship to section 11(c) complaints. A complaint filed under STAA alleging facts that would also constitute a violation of section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. 660(c), will be deemed to be a complaint under both STAA and section 11(c). Similarly, a complaint filed under section 11(c) that alleges facts that would also constitute a violation of STAA will be deemed to be a complaint filed under both STAA and section 11(c). Normal procedures and timeliness requirements under the respective statutes and regulations will be followed.

Notes of Decisions
Cited in 4 cases, 1987–2016 · leading case: Brock v. Roadway Express, Inc., 481 U.S. 252 (1987).
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Brock v. Roadway Express, Inc., 481 U.S. 252 (1987). · cites it 6× “, at 42093 (proposed 29 CFR § 1978.103 ). [1] Neither set of procedures, however, requires that before ordering preliminary reinstatement the Secretary must hold an evidentiary hearing and allow the employer to cross-examine the witnesses from whom the investigator has obtained…”
Yusim v. Dep't of Labor, 645 F. App'x 967 (11th Cir. 2016). “§ 31105 (b)(1); 29 C.F.R. § 1978.103 (c). After an investigation, OSHA issues written findings about whether there is reasonable cause to believe that the employer violated the STAA.”
Martin v. Yellow Freight Sys., Inc., 793 F. Supp. 461 (S.D.N.Y. 1992). “29 C.F.R. § 1978.103 . The Secretary, upon a finding' of probable cause, must issue a preliminary order of abatement or reinstatement, if the employee has been discharged.”
Harry Smith v. Sec'y of Labor, 659 F. App'x 296 (6th Cir. 2016). “§ 31105 (b)(1); 29 C.F.R. §§ 1978.103 , 1978.105. If the petitioner objects to OSHA’s initial findings and preliminary order, he may bring his complaint before an ALJ and request an administrative hearing.”
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