Employee choice in nonformal complaint processing

May 10, 1995

MEMORANDUM FOR: REGIONAL ADMINISTRATORS

FROM JOHN B. MILES, JR., Director
Directorate of Compliance Programs

SUBJECT: Clarification of the New Nonformal Complaint Process

It has come to my attention that further clarification is needed to ensure that a uniform approach is taken by all OSHA offices with respect to the implementation of the new Nonformal Complaint Process.

The complaint process gives the complaining employees a choice of whether to use the "phone and fax method" or the inspection process to achieve hazard abatement. In either case, the employee retains his/her right to request an inspection of their workplace to investigate the complaint. They should be informed of their right, and that they must provide a signed complaint in order to file a "formal" complaint, and this will trigger the inspection process.

Also, if a complaint is received in an area office and the workplace would be inspected within the next 12 months under a Local Emphasis Program (LEP), we can expand the scope of the inspection to that of the LEP.

If you have any questions or concerns, please contact Russelle R. McCollough of my staff, telephone (202)-219-8031, extension 140.