29 Cfr 1979.103

§ 1979.103

29 CFR Ch. XVII (7–1–09 Edition)

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alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air
carrier safety under subtitle VII of
title 49 of the United States Code, or
under any other law of the United
States;
(3) Testified or is about to testify in
such a proceeding; or
(4) Assisted or participated or is
about to assist or participate in such a
proceeding.
(c) This part shall have no application to any employee of an air carrier,
contractor, or subcontractor who, acting without direction from an air carrier, contractor, or subcontractor (or
such
person’s
agent)
deliberately
causes a violation of any requirement
relating to air carrier safety under
Subtitle VII Aviation Programs of
Title 49 of the United States Code or
any other law of the United States.
§ 1979.103 Filing
of
discrimination
complaint.
(a) Who may file. An employee who
believes that he or she has been discriminated against by an air carrier or
contractor or subcontractor of an air
carrier in violation of the Act may file,
or have filed by any person on the employee’s behalf, a complaint alleging
such discrimination.
(b) Nature of filing. No particular
form of complaint is required, except
that a complaint must be in writing
and should include a full statement of
the acts and omissions, with pertinent
dates, which are believed to constitute
the violations.
(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. Within 90 days
after an alleged violation of the Act occurs (i.e., when the discriminatory decision has been both made and communicated to the complainant), an employee who believes that he or she has

been discriminated against in violation
of the Act may file, or have filed by
any person on the employee’s behalf, a
complaint alleging such discrimination. The date of the postmark, facsimile transmittal, or e-mail communication will be considered to be the
date of filing; if the complaint is filed
in person, by hand-delivery, or other
means, the complaint is filed upon receipt.
(e) Relationship to section 11(c) complaints. A complaint filed under AIR21
that alleges facts which would constitute a violation of section 11(c) of
the Occupational Safety and Health
Act, 29 U.S.C. 660(c), shall be deemed to
be a complaint filed under both AIR21
and section 11(c). Similarly, a complaint filed under section 11(c) that alleges facts that would constitute a violation of AIR21 shall be deemed to be a
complaint filed under both AIR21 and
section 11(c). Normal procedures and
timeliness requirements for investigations under the respective laws and
regulations will be followed.
§ 1979.104

Investigation.

(a) Upon receipt of a complaint in the
investigating office, the Assistant Secretary will notify the named person of
the filing of the complaint, of the allegations contained in the complaint,
and of the substance of the evidence
supporting the complaint (redacted to
protect the identity of any confidential
informants). The Assistant Secretary
will also notify the named person of his
or her rights under paragraphs (b) and
(c) of this section and paragraph (e) of
§ 1979.110. A copy of the notice to the
named person will also be provided to
the Federal Aviation Administration.
(b) A complaint of alleged violation
will be dismissed unless the complainant has made a prima facie showing
that protected behavior or conduct was
a contributing factor in the unfavorable personnel action alleged in the
complaint.
(1) The complaint, supplemented as
appropriate by interviews of the complainant, must allege the existence of
facts and evidence to make a prima
facie showing as follows:
(i) The employee engaged in a protected activity or conduct;

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