(a) Who may
file. A complaint of discrimination may be filed by the employee himself, or by
a representative authorized to do so on his behalf.
(b) Nature of filing. The WOSH Form 007d is
to be used for the purpose of documenting these complaints.
(c) Place of filing. Complaints must be filed
with the Department.
(i) An employee who believes that he
has been discriminated against shall, within 30 days after such violation
occurs, file a complaint with the Department.
(ii) The 30-day period is to allow the
Compliance Supervisor to deny complaints, which have become stale. Accordingly,
complaints not filed within 30 days of an alleged violation will be presumed to
Exceptions to 30 day rule. Circumstances which would justify tolling of the
30-day period on equitable principles or because of strongly extenuating
circumstances, e.g., where the employer has concealed, or misled the employee
regarding the grounds for discharge or other adverse action; or where the
discrimination is in the nature of a continuing violation. Pending
grievance-arbitration proceedings or filing with another agency, do not justify
tolling the 30-day period. In the absence of circumstances justifying a tolling
of the 30-day period, untimely complaints will not be processed. The decision
to toll the 30-day filing period shall be at the discretion of the Program