1. (1) Who may file. A complaint alleging retaliation may be filed by the employee, or by the employee's authorized representative.
2. (2) Nature of filing. No particular form of complaint is required.

3. (3) Place of filing. The complaint should be filed with the division by the following methods:

   1. (a) Department website: https://lni.wa.gov.

   2. (b) In person:

      Department of Labor and Industries

      DOSH-Safety and Health Retaliation Program

      7273 Linderson Way S.W.

      Tumwater, WA 98501

   3. (c) Mail:

      Department of Labor and Industries

      DOSH-Safety and Health Retaliation Program

      P.O. Box 44600

      Olympia, WA 98504-4600; or

   4. (d) Phone: 360-902-6088 or 1-800-423-7233.
4. (4) Time for filing. The complaint must be filed timely as stated in WAC 296-360-020(2). Circumstances may exist that justify tolling, meaning pause, delay, or extend, the 90-day period on recognized equitable principles or because strongly extenuating circumstances exist, e.g., where the employer has concealed, or misled the employee regarding the grounds for, discharge or other adverse action; or where the retaliation is in the nature of a continuing violation. In the absence of circumstances justifying a tolling of the 90-day period, the division will not accept untimely complaints.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and 49.17.160. WSR 26-02-055, s 296-360-030, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 49.17.040 and 49.17.050. WSR 22-14-090, § 296-360-030, filed 7/1/22, effective 7/1/22; WSR 82-13-045 (Order 82-22), § 296-360-030, filed 6/11/82. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 43.22 and 42.30 RCW. WSR 80-17-015 (Order 80-21), § 296-360-030, filed 11/13/80.]