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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.
Scope
These requirements apply to an employee who works for or interacts with motor carriers, shippers, receivers, and transportation intermediaries.
Regulatory citations
- 29 CFR 1978.103 — Filing of retaliation complaints
- 29 CFR 1978.104 — Investigation
- 29 CFR 1978.105 — Issuance of findings and preliminary orders
Key definitions
- Motor carrier: A for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.
- Receiver: A person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate or intrastate commerce.
- Shipper: A person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce.
- Whistleblower protection: An employee who reports their employer for a violation is protected from retaliation. An employee, or person on behalf of the employee, may file a complaint if the employee believes an employer is retaliating in violation of the whistleblower protection regulations.
Summary of requirements
Filing the complaint. The complaint should be filed:
- With the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed.
- The complaint may also be filed with any OSHA officer or employee. Addresses and telephone numbers for these officials can be found in local directories and online at the OSHA website.
- Within 180 days of the alleged violation. All of the following will be considered the date of filing, including the date of:
- 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.
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:
- End the violation;
- Reinstate the employee to the employee’s former position, together with the compensation, terms, conditions, and privileges of the employee’s employment; and
- Pay compensatory damages (back pay with interest and compensation for any special damages sustained as the result of the retaliation including any litigation costs, expert witness fees, and reasonable attorney fees).
- The order may also require payment of punitive damages up to $250,000. If the investigation finds that a violation did not occur, OSHA will notify the parties of the finding.
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.