C.F.R. » Title 29 » PART 24—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, AS AMENDED › Subpart A—Complaints, Investigations, Issuance of Findings

29 C.F.R. § 24.103

Filing of retaliation complaint

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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 any of the statutes listed in § 24.100(a) 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 a complainant is not able to file the complaint in English, the complaint may be filed in any language.

(c) Place of Filing. The complaint should be filed with the OSHA Area Director 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. (1) Except as provided in paragraph (d)(2) of this section, within 30 days after an alleged violation of any of the statutes listed in § 24.100(a) occurs (i.e., when the retaliatory decision has been both made and communicated to the complainant), an employee who believes that he or she has been retaliated against in violation of any of the statutes listed in § 24.100(a) 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, e-mail communication, 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.

(2) Under the Energy Reorganization Act, within 180 days after an alleged violation of the Act occurs (i.e., when the retaliatory decision has been both made and communicated to the complainant), an employee who believes that he or she has been retaliated against in violation of the Act 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, e-mail communication, 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 any of the statutes listed in § 24.100(a) 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 Section 11(c) and the applicable statutes listed in § 24.100(a). Similarly, a complaint filed under Section 11(c) that alleges facts that would also constitute a violation of any of the statutes listed in § 24.100(a) will be deemed to be a complaint under both section 11(c) and the applicable statutes listed in § 24.100(a). Normal procedures and timeliness requirements under the respective statutes and regulations will be followed.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 2011–2025 · leading case: Tamosaitis v. URS Inc., 781 F.3d 468 (9th Cir. 2014).
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Tamosaitis v. URS Inc., 781 F.3d 468 (9th Cir. 2014). “” 29 C.F.R. § 24.103 (b). Complaints may be made orally and reduced to writing by the agency.”
Walter Tamosaitis v. Urs Inc., 771 F.3d 539 (9th Cir. 2014). “” 29 C.F.R. § 24.103 (b). Complaints may be made orally and reduced to writing by the agency.”
Onysko v. Admin. Review Bd., 549 F. App'x 749 (10th Cir. 2013). “See also 29 C.F.R. § 24.103 (d)(1). To prevail on his “whistleblower” claim Onysko was required, among other things, to prove causation.”
Solis v. Consol. Gun Ranges, 780 F. Supp. 2d 1165 (W.D. Wash. 2011). · cites it 3× “DOL reversed positions again on August 18, 2009, stating in a letter from a regional supervisor that the agency had exercised its discretion under 29 C.F.R. § 24.103 (e) (the “deeming regulation”) to amend Gunns’ complaint to include a claim under section 11(c).”
Erik Leckner v. Gdit (9th Cir. 2021). “See 29 C.F.R. § 24.103 (d)(1) (requiring a complainant file an administrative complaint within 30 days after an alleged violation of the employee protection provisions of the CAA, CERCLA, SWDA, TSCA and FWPCA).”
Haynes v. Nelnet Servicing LLC (M.D. Ga. 2025). “at 15-16 (citing 29 C.F.R. §§ 24.103 (c) and 24.105(a)-(b)).”
Gregory Hanna v. United States Dep't of Labor (4th Cir. 2025). “§ 5851(b)(1); 29 C.F.R. § 24.103 (c). However, “[t]he time for filing [such] a complaint may be tolled for reasons warranted by applicable case law.”
Walter Tamosaitis v. Urs Inc. (9th Cir. 2015). “” 29 C.F.R. § 24.103 (b). Complaints may be made orally and reduced to writing by the agency.”
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