09.12.20.04

.04 Complaints by Employees.

A. Complaint Inspection.

(1) If upon receipt of a complaint, the Commissioner or the Commissioner's authorized representative determines that the complaint meets the requirements in §5-209(a) of the Act and that there are reasonable grounds to believe that a threat or danger exists, the Commissioner or the Commissioner's authorized representative shall cause an inspection to be made as soon as practicable, to determine if the threat or danger exists.

(2) Inspections under this section are not limited to matters referred to in the complaint.

B. Before or during an inspection of a workplace, an employee or representative chosen by employees employed in the workplace may notify in writing the Commissioner or the Commissioner's authorized representative, in accordance with §5-209(b) of the Act, of any violation of the Act which the employee or representative of employees has reason to believe exists in the workplace.

C. Inspection Not Warranted.

(1) If the Commissioner or the Commissioner's authorized representative determines that an inspection is not warranted because there are no reasonable grounds to believe that a violation, threat, or danger exists with respect to a complaint under §5-209 of the Act, the Commissioner or the Commissioner's authorized representative shall notify the complaining party in writing of the determination.

(2) The complaining party may obtain review of a determination by submitting a written statement of position to the Commissioner or the Commissioner's authorized representative, and, at the same time, providing the employer with a copy of the statement by certified mail.

(3) The employer may submit an opposing written statement of position to the Commissioner or the Commissioner's authorized representative, and, at the same time, shall provide the complaining party with a copy of the statement by certified mail.

(4) Upon request of the complaining party or the employer, the Commissioner, at the Commissioner's discretion, may convene an informal conference and permit the complaining party and the employer to present their positions orally.

(5) After considering all the positions, both written and oral, the Commissioner shall:

(a) Affirm, modify, or reverse the determination; and

(b) Furnish the complaining party and the employer with written notification of the decision and the reason for the decision.

D. Failure to Meet Requirements of the Act.

(1) If the Commissioner or the Commissioner's authorized representative determines that an inspection is not warranted because a complaint does not meet the requirements of §5-209(b) of the Act, the Commissioner or the Commissioner's authorized representative shall notify the complaining party in writing of this determination.

(2) The determination shall be without prejudice to the filing of a new complaint meeting the requirements of the Act.