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A complaint may be filed orally or in writing. A specific form is not required to file a complaint.
Oral complaints will be put in writing by the Occupational Safety and Health Administration (OSHA). If an employee is unable to file a complaint in English, OSHA will accept the complaint in any other language.
These requirements apply to an employee who works for or interacts with motor carriers, shippers, receivers, and transportation intermediaries.
Filing the complaint. The complaint should be filed:
Exception. There are some situations where the 180-day time frame will be waived.
Investigation of the complaint. Upon receipt of the complaint, OSHA will begin its investigation. Investigations will be conducted in a manner that protects the confidentiality of any person who provides information on a confidential basis (other than complainant, the individual who files the complaint, or on whose behalf a complaint was filed).
Within 60 days of the filing of the complaint, after considering all relevant information collected during the investigation, OSHA will issue written findings as to whether there is reasonable cause to believe the employer retaliated against the employee in violations of the whistleblower protection regulations.
Investigation results. If the investigation confirms a violation, the employer will receive a preliminary order. The order will include, where appropriate, a requirement that the employer:
The findings and preliminary order will be effective 30 days after receipt by the employer or on the compliance date set forth in the preliminary order, whichever is later, unless an objection and/or request for hearing has been filed in a timely manner. However, the portion of the preliminary order requiring reinstatement will be effective immediately upon the employer’s receipt of the findings and preliminary order, regardless of any objections to the findings and/or order.